Criminal Property Forfeiture Act 2002
Div 1Registration of Territory orders in other jurisdictions
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Division 1 Registration of Territory orders in other jurisdictions Criminal Property Forfeiture Act 2002 67 (5) If the court makes an order under subsection (3), the applicant is to receive: (a) if the property is money – the applicant's share of the money; and (b) if the property is not money, has not been disposed of and is divisible – the applicant's share of the property; and (c) if the property is not money and is not divisible or has been disposed of – the amount of money that represents the applicant's share of the proceeds from the sale of the property (when sold). (6) If the applicant is entitled to the release of a share of forfeited property that is not money, is not divisible and has not been disposed of, the court may order that the property is to be given to the applicant if the court also orders that the applicant pay to the Territory the value of the share of the property that the court finds is attributable to the owner or owners who are not innocent parties. (7) If a court makes an order under this section, the court may make any necessary or convenient ancillary orders. Part 10 Mutual recognition of restraining orders and forfeiture orders Division 1 Registration of Territory orders in other jurisdictions 122 Interstate registration of restraining orders (1) If a corresponding law of a State or another Territory of the Commonwealth provides for the registration and enforcement in the State or Territory of a restraining order, forfeiture order or other order under this Act, the order may be expressed to apply to property in the State or Territory. (2) An order expressed in accordance with subsection (1) to apply to property in a State or another Territory of the Commonwealth may be registered under the law of that State or Territory. (3) An order registered in accordance with subsection (2) has effect in the State or Territory to the extent provided by the law of the State or Territory.
Criminal Property Forfeiture Act 2002 68 (4) If the property to which an order relates is movable property, the order has effect in the State or Territory to the extent that: (a) the property was located in the State or Territory when the order was registered; and (b) the property: (i) remains located in the State or Territory; or (ii) having been moved from the State or Territory – is once again located in the State or Territory.