Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME

PART 2-2 - FORFEITURE ORDERS

Division 2 - Other relevant matters when a court is considering whether to make forfeiture orders

SECTION 55 Forfeiture orders can extend to other interests in property

55(1)
In specifying an * interest in property in a * forfeiture order, the court may also specify other interests in the property (regardless of whose they are) if:

(a) the amount received from disposing of the combined interests would be likely to be greater than the amount received from disposing of each of the interests separately; or

(b) disposing of the interests separately would be impracticable or significantly more difficult than disposing of the combined interests.

55(2)
If the court so specifies other * interests in the * forfeiture order, the court may make such ancillary orders as it thinks fit for the protection of a person having one or more of those other interests. These ancillary orders may include:

(a) an order directing the Commonwealth to pay the person a specified amount as the value of the person ' s interest in the property; or

(b) an order directing that specified other interests in the property be transferred to the person.

55(3)
In deciding whether to make an ancillary order, the court must have regard to:

(a) the nature, extent and value of the person ' s * interest in the property concerned; and

(b) if the court is aware that any other person claims an interest in the property - the nature, extent and value of the interest claimed; and

(c) any other matter that the court considers relevant.

55(4)

View history reference

For the purposes of an order described in paragraph (2)(a), an amount may be specified wholly or partly by reference to a specified proportion of the difference between:

(a) the amount received from disposing of the combined interests specified in the *forfeiture order; and

(b) the sum of any payments of the kind referred to in paragraph 70(1)(b) in connection with the forfeiture order.

View history note

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