Commonwealth Consolidated Acts Commonwealth Consolidated Acts (1)
Where:
(a) property is forfeited to the Commonwealth under section 30 in
respect of a person’s conviction of a serious offence; and
(b) the conviction is subsequently quashed;
the DPP shall:
(c) as soon as practicable after the quashing of the conviction, give
notice of the quashing of the conviction to any person the DPP has reason to
believe may have had an interest in the property immediately before the
property was forfeited; and
(d) if required to do so by a court—give or publish notice of the
quashing of the conviction to a specified person or class of persons in the
manner and within the time that the court considers appropriate.
(1A) This
section does not apply if the conviction is quashed after the commencement of
the Proceeds of Crime Act 2002 .
Note:
Division 4 of
Part 2‑3 of the Proceeds of Crime Act 2002 applies in relation to
convictions quashed after that commencement: see subitem 21(2) of
Schedule 7 to the Proceeds of Crime (Consequential Amendments and
Transitional Provisions) Act 2002 .
(2)
A notice under subsection (1) shall include a statement to the
effect that a person claiming an interest in the property may apply under
subsection (3) for the transfer of the interest to the person.
(3)
Where subsection (1) applies to property, any person who claims to
have had an interest in the property immediately before it was forfeited may
apply to the Minister, in writing, for the transfer of the interest to the
person and, on receipt of an application from a person who had an interest in
the property immediately before it was forfeited:
(a) if the interest is still vested in the Commonwealth—the
Minister shall arrange for the interest to be transferred to the person; or
(b) in any other case—there is payable to the person an amount
equal to the value of the interest.
(4)
Where the Minister is required by this section to arrange for property
to be transferred to a person, the Minister has power, on behalf of the
Commonwealth, to do, or authorise the doing of, anything necessary or
convenient to effect the transfer, including, without limiting the generality
of this, the execution of any instrument and the making of an application for
registration of an interest in the property on any appropriate register.