Victorian Current Acts Victorian Current Acts(1) If—
(a) a forfeiture order is discharged in the manner referred to in section 46(1)(a) , (b) or (c); or
S. 55(1)(b) amended by No. 55/2014 s. 36(1).
(b) automatic forfeiture is discharged in the manner referred to in section 47(1)(a), (b) or (c) or (1A)(a) or (b); or
S. 55(1)(c) amended by No. 79/2014 s. 23(1)(a).
(c) a civil forfeiture order is discharged in the manner referred to in section 48(1)(a); or
S. 55(1)(d) inserted by No. 79/2014 s. 23(1)(b).
(d) unexplained wealth forfeiture is
discharged in the manner referred to in section 48A(1)(a)—
any person who claims to have had an interest in the property immediately before it was forfeited may apply in writing to the Minister for the transfer of the interest to the person.
S. 55(2) amended by Nos 68/2010 s. 52(1), 55/2014 s. 36(2), 79/2014 s. 23(2).
(2) If a court makes an exclusion order under section 50(1), 52(1) or 54(1) or a section 40B exclusion order or a section 40ZD exclusion order in respect of an interest in property, the applicant for the exclusion order or the section 40B exclusion order, as the case requires, may apply in writing to the Minister for the transfer of the interest to the person.
(3) On receipt of an application under subsection (1) or (2), the Minister may transfer the interest to the applicant if satisfied that—
(a) the interest was vested in the applicant immediately before the forfeiture; and
S. 55(3)(b) amended by No. 43/1998
s. 36(o).
(b) the interest is still vested in the Minister; and
(c) there is no reason why the interest should not be transferred to the applicant.
S. 55(4) amended by Nos 87/2004 s. 22(2)(a), 68/2010 s. 52(2), 55/2014 s. 36(3), 79/2014 s. 23(3).
(4) The transfer of an interest to a person under this section may, if the Minister thinks fit, be conditional on the payment, within 6 months after notice of the condition is given to the applicant, of any amount referred to in section 14(4), 36H(4), 40C(4), 45 or 45A paid to the person in relation to that forfeiture order.
S. 55(5) amended by No. 43/1998
s. 36(o).
(5) If a person fails to make a payment referred to in subsection (4) within 6 months after receiving notice of the condition, the Minister must not transfer the interest to the person but subsection (6) applies as if the interest were no longer vested in the Minister.
S. 55(6) amended by No. 43/1998
s. 36(o).
(6) If a person applies under subsection (1) or (2) in respect of an interest in property, which is no longer vested in the Minister and the Minister is satisfied that the interest was vested in the applicant immediately before the forfeiture—
S. 55(6)(a) amended by Nos 68/2010 s. 52(3)(a), 55/2014 s. 36(4), 79/2014 s. 23(4)(a).
(a) if an order has not been made under section 50(2), 52(2) or 54(2) or under section 40B(2) or 40ZD(4), the Minister may make a declaration of the value (as at the time of making the declaration) of the interest; and
S. 55(6)(b) amended by Nos 87/2004 s. 22(2)(a), 68/2010 s. 52(3)(b), 55/2014 s. 36(3), 79/2014 s. 23(4)(b).
(b) there is payable to the applicant an amount equal to the value determined by the court or declared under paragraph (a) less any amount referred to in section 14(4), 36H(4), 40C(4), 45 or 45A paid to the person in relation to that forfeiture order.
(7) An amount payable under subsection (6) must be notified to the person in writing and paid within 6 months after the notice is given.
S. 55(8) amended by No. 43/1998
s. 36(p).
(8) If the Minister is required by this section to arrange for property to be transferred to a person, the Minister or a prescribed person authorised by the Minister for the purposes of this subsection has power to do, or authorise the doing of, anything necessary or convenient to effect the transfer, including, but not limited to, the execution of any instrument and the making of an application for registration of an interest in the property on any appropriate register.
S. 55(9) amended by Nos 87/2004 s. 22(2)(a), 68/2010 s. 52(4)(b), 55/2014 s. 36(3), 79/2014 s. 23(5)(b).
(9) If the Minister determines under this section not to transfer an interest to an applicant in whom the interest was vested immediately before the forfeiture, there is payable to the applicant—
S. 55(9)(a) amended by Nos 68/2010 s. 52(4)(a), 55/2014 s. 36(4), 79/2014 s. 23(5)(a).
(a) the amount determined by the court under section 50(2), 52(2) or 54(2) or under section 40B(2) or 40ZD(4); or
(b) if no such determination has been made, an amount equal to the value of the interest as determined by the Minister—
less any amount referred to in section 14(4), 36H(4), 40C(4), 45 or 45A paid to the applicant in relation to that forfeiture order.
(10) A determination or purported determination of the Minister under this section is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal on any account.