Buying out other interests in forfeited property
90 Buying out other interests in forfeited property
If:
property is forfeited to the Commonwealth under this Part; and
an interest in the property is required to be transferred to a person (the relevant person) under subsection 88(1) or 89(1), or under a direction under paragraph 73(2)(c); 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 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.
14 At the end of section 99
Add:
Controlled property
If property forfeited under section 92 is controlled property for the purposes of Division 3 of Part 4‑1, this section does not prevent or limit the exercise of powers or performance of duties by the *Official Trustee under that Division.
15 Subsection 100(1)
Omit “If subsection 99(1) no longer prevents”, substitute “If subsection 99(1) authorises”.
16 After paragraph 100(1)(b)
Insert:
apply:
any amounts received from that disposal; and
any of the forfeited property that is money;
to payment of an *associated GST entity’s liability (if any) to pay *GST in connection with the disposal; and
17 After Division 2 of Part 2‑3
Insert:
This Act’s bill:Explanatory memorandumSecond reading speech
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