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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 55

Forfeiture orders can extend to other interests in property

(1) In specifying an * interest in property in a * forfeiture order, the court may also specify other interests in the property (regardless of whose they are) if:

(a)
the amount received from disposing of the combined interests would be likely to be greater than the amount received from disposing of each of the interests separately; or

(b)
disposing of the interests separately would be impracticable or significantly more difficult than disposing of the combined interests.

(2) If the court so specifies other * interests in the * forfeiture order, the court may make such ancillary orders as it thinks fit for the protection of a person having one or more of those other interests. These ancillary orders may include:

(a)
an order directing the Commonwealth to pay the person a specified amount as the value of the person's interest in the property; or

(b)
an order directing that specified other interests in the property be transferred to the person.

(3) In deciding whether to make an ancillary order, the court must have regard to:

(a)
the nature, extent and value of the person's * interest in the property concerned; and

(b)
if the court is aware that any other person claims an interest in the property—the nature, extent and value of the interest claimed; and

(c)
any other matter that the court considers relevant.



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