Buying Back Forfeited Property from a sections 47, 48, or 49 order

A court that makes a forfeiture order against property may make an order excluding a specified interest from a forfeiture order[1] if it is satisfied that:

• It would not be contrary to the public interest for a person’s interest in the property to be transferred to the person; and
• There is no other reason why the person’s interest in the property should not be transferred to that person.

If a court makes a forfeiture order against property, and excludes the interest that is to be bought back, then the Minister[2] must arrange for the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the Commonwealth.[3]

Buying Back Forfeited Property from a section 92 automatic forfeiture order

A court that makes a forfeiture order against property may make an order declaring that the forfeiture order[4] ceases to operate in relation to the applicant’s interest if:

• It would not be contrary to the public interest for a person’s interest in the property to be transferred to the person; and
• There is no other reason why the person’s interest in the property should not be transferred to that person.

If a court makes a forfeiture order against property, and excludes the interest that is to be bought back, then the Minister[5] must arrange for the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the Commonwealth.[6]

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[1] S 57 Proceeds of Crime Act 2002 (Cth).

[2] Being the Minister for Home Affairs – Administrative Arrangements Order 19/04/18.

[3] S 90(1)(d) Proceeds of Crime Act 2002 (Cth).

[4] S 103 Proceeds of Crime Act 2002 (Cth).

[5] Being the Minister for Home Affairs – Administrative Arrangements Order 19/04/18.

[6] S 105(1)(d) Proceeds of Crime Act 2002 (Cth).

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