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Criminal Assets Confiscation Act 2005
Subdiv 4Buying back interests in forfeited property etc
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Subdivision 4—Buying back interests in forfeited property etc
72—A person may buy back interest in forfeited property
(1) The payment to the Crown, while the property is still vested in the Crown, of an amount declared under section 55(c) to be the value of the person's interest, discharges the forfeiture order to the extent to which it relates to the interest and the Minister must cause the interest to be transferred to the person in whom it was vested immediately before the property was forfeited.
(2) The Minister may do or authorise the doing of anything necessary or convenient to effect a transfer, including—
(b) applying for registration of an interest in the property on an appropriate register.
73—A person may buy out another person's interest in forfeited property
The Minister must cause an interest in property to be transferred to a person if—
(a) the property is forfeited to the Crown under this Division; and
(b) the interest is required to be transferred to the person under section 71(1) or 72(1), or under a direction under section 59(2)(c); and
(c) the person's interest in the property, immediately before the forfeiture, was not the only interest in the property; and
(d) the person gives written notice to each other person who had an interest in the property immediately before the forfeiture that—
(i) the person intends to purchase that other interest from the Crown; and
(ii) the other person may, within 21 days after receiving the notice, lodge a written objection to the purchase of the interest with the Minister; and
(e) no person served with a notice under paragraph (d) in relation to the interest lodges a written objection under that paragraph; and
(f) the person pays to the Crown, while the property is still vested in the Crown, an amount equal to the value of the interest.
Division 2—Forfeiture on conviction of a serious offence