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Confiscation of Criminal Assets Act 2003
123Return or compensation orders—making
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123 Return or compensation orders—making
(1) On application under section 122, if satisfied that a qualifying event
mentioned in section 122 (2) has happened in relation to a forfeited
interest, the court may order—
(a) that the forfeited interest be returned to the person who held the
interest immediately before its forfeiture; or
(b) that the Territory pay the person the value of the interest.
(2) In making the order, the court must—
(a) declare the extent, nature and value of the person’s interest in
the forfeited property; and
(b) order that—
(i) if the interest is still vested in the Territory—the Territory
transfer the interest to the person; or
(ii) in any other case—the public trustee and guardian pay the
person the value declared under paragraph (a).
Division 9.6 Forfeited property—buyback of
interest
Note For general provisions about a proceeding for a buyback order (which is
a confiscation proceeding—see s 236), see pt 14.