Value of property sold by Territory
103 Value of property sold by Territory
If forfeited property is sold by or for the Territory under this
Act, the value of the property is taken to be the remainder (if any) of the proceeds of the sale after the proceeds are applied to the following:
firstly, the costs, charges and expenses arising from the sale;
secondly, if a restraining order is or was in force for the property – expenses incurred by the Territory or a person appointed to manage the property while the order was in force;
thirdly, any expenses incurred by the Territory or a person appointed to manage the property after it was forfeited;
fourthly, any bona fide charges or other encumbrances on the property.
If the property is security for a mortgage that is also secured by other property then, despite any other Act and any inconsistent term of the mortgage, the extent of the security in relation to the sold property is the proportion that the value of the sold property bore to the total value of all the properties securing the mortgage at the time that the mortgage was entered into.
This Act’s bill:Second reading speech
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