Commonwealth Numbered Acts

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PROCEEDS OF CRIME ACT 2002 No. 85, 2002 - SECT 90

Buying out other interests in forfeited property

The Minister must arrange for an * interest in property to be transferred to a person (the purchaser ) if:

(a)
the property is forfeited to the Commonwealth under this Part; and

(b)
the interest is required to be transferred to the purchaser under subsection 88(1) or 89(1), or under a direction under paragraph 73(2)(c); and

(c)
the purchaser's interest in the property, immediately before the forfeiture took place, was not the only interest in the property; and

(d)
the purchaser gives written notice to each other person who had an interest in the property immediately before the forfeiture took place that:

(i)
the purchaser intends to purchase that other interest from the Commonwealth; and
(ii)
the person served with the notice may, within 21 days after receiving the notice, lodge a written objection to the purchase of that interest with the Minister; and
(e)
no person served with notice under paragraph (d) in relation to that interest lodges a written objection to the purchase of that interest with the Minister within the period referred to in that paragraph; and

(f)
the purchaser pays to the Commonwealth, while that interest is still vested in the Commonwealth, an amount equal to the value of that interest.



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