Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 55

             (1)  In specifying an ^* interest in property in a ^* forfeiture order, the court may also specify other interests in the property (regardless of whose they are) if:

                     (a)  the amount received from disposing of the combined interests would be likely to be greater than the amount received from disposing of each of the interests separately; or

                     (b)  disposing of the interests separately would be impracticable or significantly more difficult than disposing of the combined interests.

             (2)  If the court so specifies other ^* interests in the ^* forfeiture order, the court may make such ancillary orders as it thinks fit for the protection of a person having one or more of those other interests. These ancillary orders may include:

                     (a)  an order directing the Commonwealth to pay the person a specified amount as the value of the person's interest in the property; or

                     (b)  an order directing that specified other interests in the property be transferred to the person.

             (3)  In deciding whether to make an ancillary order, the court must have regard to:

                     (a)  the nature, extent and value of the person's ^* interest in the property concerned; and

                     (b)  if the court is aware that any other person claims an interest in the property--the nature, extent and value of the interest claimed; and

                     (c)  any other matter that the court considers relevant.