Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 1987 - SECT 34

Buying out other interests in forfeited property

                   Where:

                     (a)   property is forfeited to the Commonwealth under this Part;

                     (b)   an interest in the property is required to be transferred to a person (in this section called the purchaser ) under subsection 22(4) or 33(3), or under a direction under subparagraph 21(6)(d)(i), 23A(7)(d)(i) or 31(6)(d)(i);

                     (c)   the purchaser’s interest in the property, immediately before the forfeiture took place, was not the only interest in the property;

                     (d)   the purchaser gives written notice to each other person who had an interest in the property immediately before the forfeiture took place that:

                              (i)   the purchaser 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 interest with the Minister;

                     (e)   the person served with notice under paragraph (d) in relation to that interest does not lodge a written objection to the purchase of that interest with the Minister within the period referred to in that paragraph; and

                      (f)   the person pays to the Commonwealth, while that interest is still vested in the Commonwealth, an amount equal to the value of that interest;

the Minister shall arrange for that interest to be transferred to the purchaser.


 

   



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