Buying out other interests in forfeited property
106 Buying out other interests in forfeited property
If:
property is forfeited to the Commonwealth under section 92; and
an interest in the property is required to be transferred to a person (the relevant person) under section 105, or under a direction under subparagraph 102(d)(i); and
the relevant person’s interest in the property, immediately before the forfeiture took place, was not the only interest in the property; and
the relevant person gives written notice to each other person who had an interest in the property immediately before the forfeiture took place that:
the relevant person intends to purchase that other interest from the Commonwealth; and
the person served with the notice may, within 21 days after receiving the notice, lodge a written objection to the purchase of that other interest with the Minister and the *Official Trustee; and
no person served with the notice under paragraph (d) in relation to that other interest lodges a written objection to the purchase of that other interest with the Minister and the Official Trustee within the period referred to in that paragraph; and
the relevant person pays to the Commonwealth, while that other interest is still vested in the Commonwealth, an amount equal to the value of that other interest;
the Official Trustee must arrange for that other interest to be transferred to the relevant person.
If a person served with notice under paragraph (1)(d) in relation to the other interest mentioned in that paragraph lodges a written objection to the purchase of that other interest with the Minister and the *Official Trustee within the period referred to in that paragraph:
the Minister; or
a *senior Departmental officer authorised by the Minister for the purposes of this subsection;
may direct the Official Trustee to transfer that other interest to the person.
20 Subsection 114(1)
Omit “Minister” (first occurring), substitute “*Official Trustee”.
21 Paragraph 114(1)(d)
Omit “Minister”, substitute “Official Trustee”.
22 Subsection 114(2)
Omit “Minister” (first occurring), substitute “*Official Trustee”.
23 Subsection 114(2)
Omit “Minister” (second occurring), substitute “Official Trustee”.
24 After section 267
Insert:
This Act’s bill:Explanatory memorandumSecond reading speech
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