Document ID: chunk:federal_register_of_legislation:C2018C00169:section:31:p2
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 31 (pt 2/2)
Character Range: 86445–87932

vested in the Commonwealth—directing the Commonwealth to transfer the interest to the applicant; or
 (ii) declaring that there is payable by the Commonwealth to the applicant an amount equal to the value declared under paragraph (c).
 (7) Where a person applies for an order under this subsection in respect of an interest in property, the court may, if satisfied that:
 (a) it would not be contrary to the public interest for the interest to be transferred to the person; and
 (b) there is no other reason why the interest should not be transferred to the person;
by order:
 (c) declare the nature, extent and value (as at the time when the order is made) of the interest; and
 (d) declare that section 30 shall cease to operate in relation to the interest if payment is made in accordance with section 33.
 (7A) A person who makes an application under subsection (1) in respect of property shall give notice to the DPP and the Minister, as prescribed, of the making of the application.
 (7B) The DPP shall be a party to any proceedings upon an application under subsection (1) and the Minister may intervene in any such proceedings.
 (8) In this section:
defendant, in relation to property forfeited to the Commonwealth under section 30, means the person by virtue of whose conviction the property is forfeited.
relevant restraining order, in relation to property forfeited to the Commonwealth under section 30, means the restraining order by virtue of which the property is forfeited.