Document ID: chunk:federal_register_of_legislation:C2025C00034:section:98a
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 98A
Character Range: 209501–211079

98A  Third exception—property located outside Australia
 (1) Despite section 96, if property forfeited under section 92 is property located outside *Australia:
 (a) that property vests in equity in the Commonwealth; and
 (b) that property only vests in the Commonwealth at law to the extent permitted under the law in force in the place where that property is located; and
 (c) the *responsible authority has power, on behalf of the Commonwealth, to do anything necessary or convenient to:
 (i) give notice of, or otherwise protect, the Commonwealth's equitable interest in that property; or
 (ii) arrange for the enforcement of, or give effect to, the declaration under section 95 that relates to the forfeiture of that property.
Note: The following is an example of action by the responsible authority under subparagraph (1)(c)(ii): arranging for a request under section 32 of the *Mutual Assistance Act in relation to the enforcement of the declaration under section 95 of this Act that relates to the forfeiture of that property.
 (2) Any action by the *responsible authority under subparagraph (1)(c)(i) is not a dealing for the purposes of subsection 99(1).
 (3) Despite section 96 and subsection (1) of this section, if:
 (a) property forfeited under section 92 is property located outside *Australia; and
 (b) under the law in force in the place where that property is located, that property vests in a person;
that property vests in that person under that law.
 (4) Subsection (3) does not affect any equitable interest vested in the Commonwealth by paragraph (1)(a).