Foreign Acquisitions and Takeovers Act 1975

PART 5 - OFFENCES AND CIVIL PENALTIES  

Division 4 - Miscellaneous  

Subdivision C - Recovering unpaid penalties  

SECTION 109   DISPOSING OF INTERESTS IN LAND  

109(1)    
The Treasurer must, on behalf of the Commonwealth, dispose of an interest in a person ' s (the owner ' s ) land that vests in the Commonwealth under section 107 as soon as practicable after the time mentioned in section 108 .

109(2)    
The Treasurer may give full and effective title to the land free of all other interests, which are extinguished at the time title is given.

Dealing with the proceeds of sale

109(3)    
The Treasurer must apply the proceeds of the disposal of the interest in the land against:

(a) the amounts mentioned in paragraph 106(2)(a) ; and

(b) any other penalty that is due and payable to the Commonwealth under this Act by the owner; and

(c) any costs incurred by the Commonwealth in relation to the disposal.

109(4)    
The Treasurer must pay the remainder of the proceeds, if any, to the persons mentioned in subsection (6) in the order in which they appear in that subsection.

Note: Not all of the persons mentioned in subsection (6) may be paid if the proceeds are insufficient.

109(5)    
If the remainder of the proceeds is insufficient to pay:

(a) all of the persons mentioned in paragraph (6)(a); or

(b) after paying all of the persons mentioned in paragraph (6)(a), all of the persons mentioned in paragraph (6)(b);

the Treasurer must pay each person mentioned in that paragraph proportionately.

109(6)    
The persons are as follows:

(a) a person holding a mortgage, charge or other interest over the land if the mortgage, charge or interest:

(i) relates to a debt due by the owner; and

(ii) has been registered on a land register;

(b) if subparagraph 104(1)(d)(i) applies - a person together with whom the owner holds the interest;

(c) the Commonwealth in relation to any other penalty or debt that is due and payable to the Commonwealth by the owner;

(d) the owner.

109(7)    
Nothing in this section affects the right of the Commonwealth to recover penalties by other means.