Proceeds of Crime Act 2002
106Buying out other interests in forfeited property
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106 Buying out other interests in forfeited property
(1) If: (a) property is forfeited to the Commonwealth under section 92; and (b) an interest in the property is required to be transferred to a person (the relevant person) under section 105, or under a direction under subparagraph 102(d)(i); and (c) the relevant person’s interest in the property, immediately before the forfeiture took place, was not the only interest in the property; and (d) the relevant person gives written notice to each other person who had an interest in the property immediately before the forfeiture took place that: (i) the relevant person intends to purchase that other interest from the Commonwealth; and (ii) the person served with the notice may, within 21 days after receiving the notice, lodge a written objection to the purchase of that other interest with the Minister and the *Official Trustee; and (e) no person served with the notice under paragraph (d) in relation to that other interest lodges a written objection to the purchase of that other interest with the Minister and the Official Trustee within the period referred to in that paragraph; and (f) the relevant person pays to the Commonwealth, while that other interest is still vested in the Commonwealth, an amount equal to the value of that other interest; the Official Trustee must arrange for that other interest to be transferred to the relevant person. (2) If a person served with notice under paragraph (1)(d) in relation to the other interest mentioned in that paragraph lodges a written objection to the purchase of that other interest with the Minister and the *Official Trustee within the period referred to in that paragraph: (a) the Minister; or (b) a *senior Departmental officer authorised by the Minister for the purposes of this subsection; may direct the Official Trustee to transfer that other interest to the person.