CTHIn ForceAct
Proceeds of Crime Act 2002
102Court may make orders relating to transfer of forfeited property etc.
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#### 102 Court may make orders relating to transfer of forfeited property etc.
If property is forfeited to the Commonwealth under section 92, the court that made the \*restraining order referred to in paragraph 92(1)(b) must, if:
(a) a person who claims an \*interest in the property applies under section 104 for an order under this section; and
(b) the court is satisfied that:
(i) the applicant had an interest in the property before the forfeiture of the property; and
(ii) the applicant’s interest in the property is neither \*proceeds of unlawful activity nor an \*instrument of unlawful activity; and
(iii) the applicant’s interest in the property was lawfully acquired;
make an order:
(c) declaring the nature, extent and value of the applicant’s interest in the property; and
(d) either:
(i) if the interest is still vested in the Commonwealth—directing the Commonwealth to transfer the interest to the applicant; or
(ii) directing the Commonwealth to pay to the applicant an amount equal to the value declared under paragraph (c).