Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-3 - FORFEITURE ON CONVICTION OF A SERIOUS OFFENCE  

Division 2 - Effect of forfeiture on conviction of a serious offence  

SECTION 97   First exception - registrable property  

97(1)    
Despite section 96 , if property forfeited under section 92 is * registrable property:

(a) that property vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with; and

(b) the *responsible authority for the *restraining order referred to in paragraph 92(1)(b) has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the Commonwealth ' s equitable interest in that property; and

(c) the Commonwealth is entitled to be registered as the owner of that property; and

(d) the * Official Trustee has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth as the owner.

97(2)    

Any action by the *responsible authority under paragraph (1)(b) is not a dealing for the purposes of subsection 99(1) .

97(3)    
The * Official Trustee ' s powers under paragraph (1)(d) include executing any instrument required to be executed by a person transferring an * interest in property of that kind.