Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

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

Division 4 - The effect on forfeiture of convictions being quashed  

SECTION 114   Returning property etc. following forfeiture ceasing to have effect  

114(1)    

The *Official Trustee must arrange for:

(a)    if property forfeited to the Commonwealth under section 92 is vested in the Commonwealth - an * interest in the property to be transferred to a person claiming to have had the interest in the property immediately before the forfeiture; or

(b)    if property forfeited to the Commonwealth under section 92 is no longer vested in the Commonwealth - an amount equal to the value of the interest in the property to be paid to the person;

if:

(c)    the forfeiture has ceased to have effect under section 107 or 111 ; and

(d)    

the person applies to the Official Trustee, in writing, for the transfer of the interest to the person; and

(e)    the person had that interest in the property at that time.

114(2)    

If the *Official Trustee must arrange for the property to be transferred, the Official Trustee may also, on behalf of the Commonwealth, do or authorise the doing of anything necessary or convenient to give effect to the transfer.

114(3)    
Without limiting subsection (2), things that may be done or authorised under that subsection include:

(a)    executing any instrument; and

(b)    applying for registration of an * interest in the property on any appropriate register.