CONFISCATION ACT 1997 - SECT 57 Buying out other interests in forfeited property

CONFISCATION ACT 1997 - SECT 57

S. 57(1) amended by Nos 43/1998

s. 36(s), 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 out any other interest in the property.

    (2)     An applicant must give written notice to each other person whom the applicant has reason to believe had an interest in the property immediately before it was forfeited that—

S. 57(2)(a) amended by No. 43/1998

s. 36(s).

        (a)     the applicant wishes to purchase that other interest from the Minister; and

        (b)     the person notified may, within 28 days after receiving the notice, lodge a written objection to the purchase of that interest with the Minister.

    (3)     If the Minister is satisfied that—

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

S. 57(3)(b) amended by No. 43/1998

s. 36(s).

        (b)     the interest that the applicant wishes to purchase is still vested in the Minister; and

        (c)     there is no reason why the interest should not be sold 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—

        (a)     a person notified under subsection (2) does not lodge a written objection to the purchase of the person's interest with the Minister within the period referred to in that subsection; and

        (b)     within 6 months after being notified of the amount payable under subsection (3) the applicant pays to the Minister the amount so notified—

the Minister must transfer that interest to the applicant and the forfeiture is discharged to the extent to which it relates to the interest.

S. 57(5) amended by No. 43/1998

s. 36(t).

    (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.

Part 8—Pecuniary penalty orders

Pt 8 Div. 1 (Heading) substituted by No. 87/2004 s. 19(a).

Division 1—Pecuniary penalty orders following conviction