Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 56

Person with interest in forfeited property may buy back interest

56. Person with interest in forfeited property may buy back interest



(1) If property is forfeited to the Minister under Part 3 or Part 4, any
person who claims to have had an interest in the property immediately before
it was forfeited may apply in writing to the Minister to buy back the
interest.

(2) An applicant must give written notice of the application to any other
person whom the applicant has reason to believe had an interest in the
property immediately before it was forfeited.





(3) If the Minister is satisfied that-

   (a)  the interest was vested in the applicant immediately before the
        forfeiture; and

   (b)  the interest is still vested in the Minister; and





   (c)  there is no reason why the interest should not be transferred to the
        applicant-

the Minister may make a declaration of the value (as at the time of making the
declaration) of the interest and notify the applicant accordingly.

(4) If the applicant pays to the Minister the amount so notified within 2
months, the Minister may transfer the interest to the applicant and the
forfeiture is discharged to the extent to which it relates to the interest.

(5) If the Minister is permitted by this section to transfer an interest in
property to a person, the Minister or a prescribed person authorised by the
Minister for the purposes of this subsection has power to do, or authorise the
doing of, anything necessary or convenient to effect the transfer, including,
but not limited to, the execution of any instrument and the making of an
application for registration of an interest in the property on any appropriate
register.

(6) A determination or purported determination of the Minister under this
section is not liable to be challenged, appealed against, reviewed, quashed or
called in question in any court or tribunal on any account.





(7) If an applicant has paid an amount under this section in respect of an
interest in property forfeited under Part 3 and in relation to an offence for
which the conviction is subsequently quashed, the applicant is entitled to the
refund of the amount paid.