98AThird exception—property located outside Australia

98A Third exception—property located outside Australia

(1) Despite section 96, if property forfeited under section 92 is property located outside *Australia: (a) that property vests in equity in the Commonwealth; and (b) that property only vests in the Commonwealth at law to the extent permitted under the law in force in the place where that property is located; and (c) the *responsible authority has power, on behalf of the Commonwealth, to do anything necessary or convenient to: (i) give notice of, or otherwise protect, the Commonwealth’s equitable interest in that property; or (ii) arrange for the enforcement of, or give effect to, the declaration under section 95 that relates to the forfeiture of that property.

Note: The following is an example of action by the responsible authority under subparagraph (1)(c)(ii): arranging for a request under section 32 of the *Mutual Assistance Act in relation to the enforcement of the declaration under section 95 of this Act that relates to the forfeiture of that property.

(2) Any action by the *responsible authority under subparagraph (1)(c)(i) is not a dealing for the purposes of subsection 99(1). (3) Despite section 96 and subsection (1) of this section, if: (a) property forfeited under section 92 is property located outside *Australia; and (b) under the law in force in the place where that property is located, that property vests in a person; that property vests in that person under that law. (4) Subsection (3) does not affect any equitable interest vested in the Commonwealth by paragraph (1)(a).