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Confiscation of Criminal Assets Act 2003
126Buyback orders—making
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126 Buyback orders—making
(1) On application under section 125, the court may, by order, declare
that a person may buy an interest in forfeited property from the
Territory if it is satisfied that—
(a) the interest is still vested in the Territory; and
(b) it would not be contrary to the public interest (including for the
purposes of this Act) to do so; and
(c) if the order applied for is in relation to an interest other than the
interest formerly held by the person—no-one else who held an
interest in the forfeited property immediately before forfeiture
objects to the making of the order.
Note The applicant must give notice of the application to anyone else the
applicant knows to have had an interest in the property immediately
before forfeiture (see s 244).
Forfeited property—buyback of interest Division 9.6
(2) In making the order, the court must declare—
(a) the extent, nature and value of the interest in the forfeited
property that is to be bought from the Territory; and
(b) that the interest may be bought from the Territory for the value
declared under paragraph (a) within 1 month after the day the
order is made.