102Court may make orders relating to transfer of forfeited property etc.

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).