CONFISCATION ACT 1997 - SECT 56 Person with interest in forfeited property may buy back interest

CONFISCATION ACT 1997 - SECT 56

S. 56(1) amended by Nos 43/1998

s. 36(q), 79/2014 s. 24.

    (1)     If property is forfeited to the Minister under Part 3, Part 4 or Part 4A, 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

S. 56(3)(b) amended by No. 43/1998

s. 36(q).

        (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.

S. 56(4) amended by No. 43/1998

s. 21(1).

    (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.

S. 56(5) amended by No. 43/1998

s. 36(r).

    (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.

S. 56(7) amended by Nos 43/1998

s. 21(2), 68/2009 s. 97(Sch. item 23.41).

    (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 set aside, the applicant is entitled to the refund of the amount paid.