Document ID: chunk:federal_register_of_legislation:C2025C00034:section:102
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 102
Character Range: 216798–217843

102  Court may make orders relating to transfer of forfeited property etc.
  If property is forfeited to the Commonwealth under section 92, the court that made the *restraining order referred to in paragraph 92(1)(b) must, if:
 (a) a person who claims an *interest in the property applies under section 104 for an order under this section; and
 (b) the court is satisfied that:
 (i) the applicant had an interest in the property before the forfeiture of the property; and
 (ii) the applicant's interest in the property is neither *proceeds of unlawful activity nor an *instrument of unlawful activity; and
 (iii) the applicant's interest in the property was lawfully acquired;
make an order:
 (c) declaring the nature, extent and value of the applicant's interest in the property; and
 (d) either:
 (i) if the interest is still vested in the Commonwealth—directing the Commonwealth to transfer the interest to the applicant; or
 (ii) directing the Commonwealth to pay to the applicant an amount equal to the value declared under paragraph (c).