Confiscation of Proceeds of Crime Act 1989 (NSW)
Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)
The Parliamentary Counsel’s Office is progressively updating certain formatting styles in versions of NSW in force legislation published from 29 July 2019. For example, colons are being replaced by em-rules (em-dashes). Text of the legislation is not affected.
This version has been updated.
An Act to provide for the confiscation of the profits of crime and the forfeiture of property in certain circumstances; to provide for the reciprocal enforcement of certain Australian legislation relating to the confiscation of the profits of crime and the forfeiture of property; to repeal the Crimes (Confiscation of Profits) Act 1985; and for connected purposes.
This Act may be cited as the Confiscation of Proceeds of Crime Act 1989.
This Act commences on a day or days to be appointed by proclamation.
The principal objects of this Act are—
(a) to deprive persons of the proceeds of, and benefits derived from, the commission of offences against certain laws of the State, and
(b) to provide for the forfeiture of property used in or in connection with the commission of such offences or substitutable tainted property, and
(c) to enable law enforcement authorities effectively to trace such proceeds, benefits and property, and
(d) to provide for the enforcement in the State of forfeiture orders, pecuniary penalty orders and restraining orders made in respect of offences against the laws of other States.
In this Act—
(a) a fixed term deposit or safety deposit box,
(b) the deposit or withdrawal of, or a transaction involving, digital currency, including a registrable digital currency exchange service.
(a) the Supreme Court, or
(b) for a freezing notice—the court in which proceedings, including committal proceedings, for a serious offence on which the freezing notice is based are held, or
(c) otherwise—the court in which a person is convicted of a drug trafficking offence, a serious offence or a serious drug offence.
(a) in any case—the Director of Public Prosecutions or Chief Commissioner of the Law Enforcement Conduct Commission, or
(b) in relation to restraining orders or freezing notices—the Commissioner for the Independent Commission Against Corruption, or
(c) in relation to a function exercised before or in relation to the Local Court (other than a function under Division 2 of Part 3)—the Commissioner of Police, or
(d) in relation to a function prescribed for the purposes of this paragraph by the regulations—a person so prescribed or a person of a class or description so prescribed.
(a) a member of the Police Force, or
(b) a person authorised in writing by the Minister either generally or in a special case to act as an authorised officer for the purposes of section 43 (restraining orders), Division 1A of Part 3 or Part 4.
(a) if the institution or corporation is a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory—a constituent member of the body corporate, and
(b) any person occupying or acting in the position of director of the institution or corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and
(c) any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act.
(a) section 23 (offences with respect to prohibited plants),
(a1) section 23A (offences with respect to enhanced indoor cultivation of prohibited plants in presence of children),
(b) section 24 (manufacture and production of prohibited drugs),
(c) section 25 (supply of prohibited drugs),
(d) section 26 (conspiring),
(e) section 27 (aiding, abetting etc commission of offence in New South Wales),
(f) section 28 (conspiring to commit and aiding etc commission of offence outside New South Wales).
(a) an authorised deposit-taking institution,
(b) a body corporate that is, or if it had been incorporated in Australia would be, a financial corporation within the meaning of the Commonwealth Constitution, section 51(xx).
(a) a legal or equitable estate or interest in the property, or
(b) a right, power or privilege in connection with the property,
whether present or future and whether vested or contingent.
(a) in relation to a forfeiture order made against a person, the amount specified in relation to the forfeiture order under section 21 (2), or
(b) in relation to a pecuniary penalty order made against a person, the amount that the person is, under the pecuniary penalty order, liable to pay to the State, or
(c) in relation to a drug proceeds order made against a person, the amount that the person is, under the drug proceeds order, liable to pay to the State.
(a) the Commissioner of Police, or
(b) the New South Wales Crime Commission, or
(c) the Independent Commission Against Corruption, or
(d) the Corporate Affairs Commission, or
(e) the Law Enforcement Conduct Commission, or
(f) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of a State or Territory prescribed for the purposes of this definition.
(a) a document relevant to—
(i) identifying, locating or determining property of a person who committed the offence, or
(ii) identifying or locating any document necessary for the transfer of property of a person who committed the offence, or
(b) a document relevant to—
(i) identifying, locating or determining tainted property in relation to the offence, or
(ii) identifying or locating any document necessary for the transfer of tainted property in relation to the offence.
(a) a film, slide, video tape or any other form of recording from which a visual image can be produced,
(b) a record, tape, compact disk or any other form of recording from which words or sounds can be produced,
(c) a book, newspaper, magazine or other written or pictorial matter,
(d) a radio or television production,
(e) a publication of matter on the Internet,
(f) a live entertainment of any kind.
(a) where the person is to be taken to have been convicted of the offence because of section 5 (1) (a)—the day on which the person was sentenced for the offence, or
(b) where the person is to be taken to have been convicted of the offence because of section 5 (1) (b)—the day on which the order in relation to the offence was made under section 10 of the Crimes (Sentencing Procedure) Act 1999, or
(c) where the person is to be taken to have been convicted of the offence because of section 5 (1) (c)—the day on which the court took the offence into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999, or
(d) where the person is to be taken to have been convicted of the offence because of section 5 (1) (d)—the day on which the person is taken to have absconded under section 6.
(a) was used in, or in connection with, the commission of a serious offence, or
(b) was substantially derived or realised, directly or indirectly, by any person, from property used in, or in connection with, the commission of a serious offence, or
(c) was substantially derived or realised, directly or indirectly, by any person, as a result of the commission of a serious offence, or
(d) was substantially derived or realised, directly or indirectly, by any person for the depiction of a serious offence, or the expression of the offender’s thoughts, opinions or emotions regarding the offence, in any public promotion.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to a person being charged with an offence is a reference to a person being issued with a court attendance notice or being a person against whom an information has been laid.
A reference in this Act to a benefit derived by a person includes a reference to—
(a) a benefit derived, directly or indirectly, by the person, and
(b) a benefit derived, directly or indirectly, by another person at the request or direction of the first person.
A reference in this Act to the property of a person includes a reference to property in respect of which the person has a beneficial interest.
A reference in this Act to acquiring property, or an interest in property, for sufficient consideration is a reference to acquiring the property, or the interest, for a consideration that is sufficient and that, having regard solely to commercial considerations, reflects the value of the property, or the interest.
For the purposes of this Act, a person shall not be regarded as being a director of a financial institution or corporation within the meaning of paragraph (c) of the definition of
(a) to his or her professional capacity, or
(b) to his or her business relationship with the directors of the financial institution or corporation.
In this Act—
(a) a reference to a function includes a reference to a power, authority and duty, and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
For the purposes of this Act, the Northern Territory and the Australian Capital Territory are regarded as States.
For the purposes of this Act, the
(a) if any other person holds an interest in the property, is the market value of the first-mentioned person’s beneficial interest in the property (less the amount required to discharge any encumbrance, other than a forfeiture order, on that interest), and
(b) in any other case, is its market value.
Notes included in this Act do not form part of this Act.
For the purposes of this Act, a person shall be taken to have been convicted of a serious offence if—
(a) the person has been convicted, whether summarily or on indictment, of the offence by a court, or
(b) the person has been charged with the offence and the court hearing the charge has made an order in relation to the offence under section 10 of the Crimes (Sentencing Procedure) Act 1999, or
(c) the person has been sentenced for another offence and the court has, in passing sentence on the person, taken the offence into account under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999, or
(d) the person has been charged with the offence and, at any time before the determination of the charge, the person has absconded.
If, by virtue of subsection (1), a person is to be taken to have been convicted of a serious offence, then, for the purposes of this Act—
(a) the person shall, in a case to which paragraph (a) or (b) of that subsection applies, be taken to have been so convicted by the court referred to in the relevant paragraph, and
(b) the conviction shall be taken to have been quashed—
(i) if the person is to be taken to have been convicted of the offence because of subsection (1) (a)—when the conviction is quashed or set aside, or
(ii) if the person is to be taken to have been convicted of the offence because of subsection (1) (b)—when the order made under section 10 of the Crimes (Sentencing Procedure) Act 1999 is quashed or set aside, or
(iii) if the person is to be taken to have been convicted of the offence because of subsection (1) (c)—when the decision of the court under Division 3 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 is quashed or set aside, or
(iv) if the person is to be taken to have been convicted of the offence because of subsection (1) (d)—when, after the person is subsequently brought before a court in respect of the offence with which the person was charged, the person is discharged in respect of the offence or the conviction for the offence is quashed or set aside.
For the purposes of this Act, where an information has been laid alleging the commission of a serious offence by a person, the person shall be taken to have been charged with the offence (but nothing in this subsection limits any other way in which a person is to be taken to be charged with an offence).
For the purposes of this Act, a person shall be taken to have absconded if and only if—
(a) a court attendance notice or information has been filed or laid alleging the commission of a serious offence by the person, and
(b) a warrant for the arrest of the person has been issued in relation to that information or notice, and
(c) reasonable attempts to locate the person pursuant to the warrant have been unsuccessful during the period of 6 months commencing on the day the warrant was issued,
and the person shall be taken to have so absconded on the last day of that period of 6 months.
A reference in this Act, in relation to the conviction of a person for a serious offence, to the commission of the offence shall, where the person is to be taken to have been convicted of the offence because of section 5 (1) (d), be read as a reference to the alleged commission of the offence by the person.
In this Act—
(a) an offence referred to (before the commencement of the Drug Misuse and Trafficking Act 1985) in section 45A of the Poisons Act 1966—
(i) of supplying any drug of addiction or prohibited drug within the meaning of that Act, or
(ii) of cultivating, supplying or possessing any prohibited plant within the meaning of that Act, or
(iii) of permitting any premises, as owner, occupier or lessee of the premises, to be used for the purpose of the cultivation or supply of any prohibited plant within the meaning of that Act or of being concerned in the management of any such premises, or
(b) a drug trafficking offence, or
(c) a prescribed offence involving drugs or an offence of a prescribed kind involving drugs, or
(d) an offence, which involves theft, fraud, obtaining financial benefit by vice engaged in by others, extortion, violence, bribery, corruption or harbouring criminals, committed in connection with an offence referred to in paragraph (a), (b) or (c), or
(e) an offence under section 193B (money laundering) or 193D (dealing with property that subsequently becomes an instrument of crime) of the Crimes Act 1900 in relation to the proceeds of an offence, or an offence, referred to in paragraph (a), (b), (c) or (d), or
(f) an offence of attempting to commit, or of conspiracy or incitement to commit, an offence referred to in paragraph (a), (b), (c), (d) or (e).
(a) an offence (including a common law offence) against the laws of New South Wales, being an offence that may be prosecuted on indictment, or
(b) the offence of supplying any restricted substance prescribed for the purposes of section 16 of the Poisons and Therapeutic Goods Act 1966 that arises under section 18A (1) of that Act, or
(c) an offence prescribed for the purposes of this paragraph by the regulations or an offence of a kind so prescribed.
For the purposes of this Act, 2 offences are related to one another if the elements of the 2 offences are substantially the same acts or omissions.
For the purposes of this Act, dealing with property of a person includes—
(a) if a debt is owed to that person—making a payment to any person in reduction of the amount of the debt, and
(b) removing the property from New South Wales, and
(c) receiving or making a gift of the property.
Property, or an interest in property, may be subject to the effective control of a person within the meaning of this Act whether or not the person has—
(a) a legal or equitable estate or interest in the property, or
(b) a right, power or privilege in connection with the property.
In determining—
(a) whether or not property, or an interest in property, is subject to the effective control of a person, or
(b) whether or not there are reasonable grounds to believe that property, or an interest in property, is subject to the effective control of a person,
regard may be had to—
(c) shareholdings in, debentures over or directorships of a company that has an interest (whether direct or indirect) in the property, and
(d) a trust that has a relationship to the property, and
(e) family, domestic and business relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph (c) or trusts of the kind referred to in paragraph (d), and other persons.
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Nothing in this Act renders the Crown liable to be prosecuted for an offence.
Parts 2 and 3 do not apply to a person’s conviction of an offence if the person was convicted of the offence before the commencement of those Parts.
Subsection (1) does not apply in relation to interstate forfeiture orders, interstate pecuniary penalty orders or interstate restraining orders.
Subject to subsection (1), this Act applies to—
(a) an offence committed, or believed to have been committed, at any time (whether before or after the commencement of this section), and
(b) a person’s conviction of an offence at any time (whether before or after the commencement of this section).
This section is subject to Schedule 1.
If a person is convicted of a serious offence other than a drug trafficking offence, an appropriate officer may apply to an appropriate court for one or both of the following orders—
(a) a forfeiture order against property that is tainted property or substitutable tainted property in respect of the offence,
(b) a pecuniary penalty order against the person in respect of benefits derived by the person from the commission of the offence.
If a person is convicted of a drug trafficking offence, an appropriate officer may apply to an appropriate court for one or both of the following orders—
(a) a forfeiture order against property that is tainted property or substitutable tainted property in respect of any drug trafficking offences,
(b) a drug proceeds order against the person in respect of benefits derived by the person from the commission of any drug trafficking offences.
An application must be made before the end of the relevant period in relation to the conviction, except with the leave of the Supreme Court.
The Supreme Court must not grant leave under subsection (3) unless—
(a) the property or benefit to which the application relates is—
(i) property of the kind referred to in paragraph (d) of the definition of
tainted property in section 4 (1), or(ii) a benefit of the kind referred to in section 25 (2) (a1) or 30 (1) (b), and
(b) the Court is satisfied that—
(i) the property or benefit was derived, realised or identified only after the end of the relevant period, or
(ii) necessary evidence became available only after the end of that period, or
(iii) it is otherwise in the interests of justice to do so.
An application may be made under subsection (1) (b) in relation to one or more serious offences.
If an application under subsection (1) or subsection (2) has been finally determined, no further application may be made under that subsection in relation to the same conviction, except with the leave of the Supreme Court or in such circumstances as are prescribed.
The Supreme Court shall not grant leave unless satisfied that—
(a) the tainted property or substitutable tainted property, or the benefit, to which the new application relates was identified only after the first application was determined, or
(b) necessary evidence became available only after the first application was determined, or
(c) the Court is otherwise satisfied that it is in the interests of justice to grant the leave.
Section 34A prevails over this section to the extent of an inconsistency.
If an appropriate officer applies for a forfeiture order against property in respect of a person’s conviction of a serious offence—
(a) the appropriate officer shall give written notice of the application to the person and to any other person the appropriate officer has reason to believe may have an interest in the property, and
(b) the person, and any other person who claims an interest in the property, may appear and adduce evidence at the hearing of the application, and
(c) the court may, at any time before the final determination of the application, direct the appropriate officer to give or publish notice of the application to a specified person or class of persons, in the manner and within the time that the court considers appropriate.
If an appropriate officer applies for a pecuniary penalty order or drug proceeds order against a person—
(a) the appropriate officer shall give the person written notice of the application, and
(b) the person may appear and adduce evidence at the hearing of the application.
A court may, at any time before the final determination of an application for a confiscation order made to it and whether or not the period for making such an application has expired, amend the application as it thinks fit, either at the request of the appropriate officer who made the application or with the approval of the appropriate officer.
The court shall not amend the application so as to—
(a) include additional property in an application for a forfeiture order, or
(b) include an additional benefit in an application for a pecuniary penalty order or drug proceeds order,
unless the court is satisfied that—
(c) the property or benefit was not reasonably capable of identification when the application was originally made, or
(d) necessary evidence became available only after the application was originally made.
If the amendment of an application for a forfeiture order would have the effect of including additional property in the application for the forfeiture order, the applicant for the amendment shall give written notice of the application to amend to any person who the applicant has reason to believe may have an interest in the property to be included in the application for the forfeiture order.
Any person who claims an interest in the property to be included in the application for the forfeiture order may appear and adduce evidence at the hearing of the application to amend.
If the amendment of an application for a pecuniary penalty order or drug proceeds order against a person would have the effect of including an additional benefit in the application for the pecuniary penalty order or drug proceeds order, the applicant shall give the person written notice of the application to amend.
If a person is, because of section 5 (1) (d), to be taken to have been convicted of a serious offence, a court shall not make a confiscation order in reliance on the person’s conviction of the offence unless the court is satisfied, on the balance of probabilities, that the person has absconded and—
(a) the person has been committed for trial for the offence, or
(b) the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.
If an application is made to a court for a confiscation order in respect of a person’s conviction of a serious offence, the court may, in determining the application, have regard to the transcript of any proceedings against the person for the serious offence.
If—
(a) a person is to be taken to have been convicted of a serious offence because of section 5 (1) (c), and
(b) an application is made to a court for a confiscation order in respect of the conviction,
the reference in subsection (1) to proceedings against the person for the serious offence includes a reference to proceedings against the person for the other offence referred to in section 5 (1) (c).
In this Division—
(a) property the subject of a restraining order made in relation to a serious offence for which the person has been convicted,
(b) property the subject of a freezing notice confirmed under section 42L in relation to a serious offence for which the person has been convicted,
(c) property the subject of a restraining order or freezing notice revoked under section 54 if the security or undertaking given in relation to the revocation is in force.
The relevant property of a person is forfeited to the Crown—
(a) at the end of the relevant period, or
(b) if an application for an exclusion order is made—on the day on which the application is finally dismissed, including an appeal, if any, or
(c) if an application to vary or set aside the restraining order or confirmed freezing notice is made—on the day on which the application is finally dismissed, including an appeal, if any.
The forfeiture takes effect in the same way as if a court had made a forfeiture order in relation to the relevant property.
Sections 19 and 21 apply to relevant property forfeited under this Division in the same way as the sections apply to property forfeited under a forfeiture order made under section 18.
The relevant authority must give a notice of intention to forfeit relevant property (a
The relevant authority must, as soon as reasonably practicable, give the notice—
(a) to each person the relevant authority knows or reasonably suspects has a beneficial interest in the relevant property, and
(b) no later than 28 days before the end of the relevant period.
The notice must include the following—
(a) a description of the relevant property,
(b) the date on which the relevant period will end,
(c) the way in which, and time within which, a person may apply for an exclusion order.
Failure to give a notice in accordance with this section does not affect the forfeiture of relevant property under this Division if reasonable steps were taken to give the notice.
A person may, during the relevant period, apply to the relevant court for an order excluding some or all of the relevant property from forfeiture under this Division (an
The person must give written notice to the relevant authority of—
(a) the making of the application, and
(b) the grounds on which the application is made.
The relevant authority may appear and adduce evidence at the hearing of the application.
On hearing the application for the exclusion order, the court may—
(a) direct that the relevant property be returned to the applicant if the court is satisfied, on the balance of probabilities, that—
(i) the applicant has an interest in the property, and
(ii) the interest in the property is not—
(A) tainted property, or
(B) if the relevant property relates to a restraining order made under section 43A—unlawfully acquired property, or
(b) otherwise—dismiss the application.
The court must not make an order under this section if the relevant property has been forfeited under this Division.
A person may apply to the Supreme Court for the recovery of the person’s interest in relevant property the subject of an application for an exclusion order—
(a) made by the person, and
(b) dismissed by a court other than the Supreme Court or the Court of Criminal Appeal.
The appeal must be made within 6 months of the applicant receiving notice of the dismissal.
The relevant authority may appear and adduce evidence at the hearing.
On hearing the appeal, the Supreme Court must—
(a) make an order that ownership in the interest in the property vests in the applicant and the interest in the property must be returned to the applicant, or
(b) otherwise—dismiss the appeal.
The Supreme Court must not make an order under subsection (4)(a) unless the Court is satisfied it is more probable than not that—
(a) the applicant has an interest in the property, and
(b) the interest in the property is not—
(i) tainted property, or
(ii) if the relevant property relates to a restraining order made under section 43A—unlawfully acquired property.
The relevant court may declare that relevant property has been forfeited under this Division if—
(a) the relevant authority applies to the court for the declaration, and
(b) the court is satisfied the relevant property is forfeited under this Division.
A person may, within 6 months after relevant property is forfeited under this Division, apply to the relevant court for an order to recover the person’s interest in the property.
The person must give written notice to the relevant authority of—
(a) the making of the application, and
(b) the grounds on which the application is made.
The person must apply for the leave of the court to make the application if a forfeiture notice was given, or reasonable steps were taken to give a forfeiture notice, to the person.
The court may grant leave to make the application if the court is satisfied—
(a) if the person did not make an application for an exclusion order during the relevant period—the person had a reasonable excuse for failing to make the application, or
(b) if the person made an application for an exclusion order and appeared at the hearing of the application—the applicant has new evidence relevant to the application that was not available during the hearing, or
(c) there are special grounds for granting the leave.
The relevant authority may appear and adduce evidence at the hearing.
On hearing the application, the court must—
(a) make an order—
(i) if the interest in the property has been sold or otherwise disposed of—that the Crown pay an amount to the applicant determined by the court to be the value, on the day of the determination, of the applicant’s former interest in the property, or
(ii) otherwise—that ownership of the interest in the property vests in the applicant and the interest in the property must be returned to the applicant, or
(b) otherwise—dismiss the application.
The court must not make an order under subsection (6)(a) unless the court is satisfied, on the balance of probabilities, of the following—
(a) the applicant was not involved in the commission of the serious offence in relation to which the relevant property was forfeited,
(b) if the applicant acquired the interest at the time of or after the commission of the offence—the applicant acquired the interest—
(i) for sufficient consideration, and
(ii) without knowing, and in circumstances that would not arouse a reasonable suspicion, that the property was, at the time of the acquisition—
(A) for property that relates to a restraining order made under section 43A—unlawfully acquired, or
(B) otherwise—tainted.
A dependant of a person who has an interest in relevant property forfeited under this Division may, within 6 months after the forfeiture of the relevant property, apply to the Supreme Court for an order under this section.
If the Supreme Court is satisfied the forfeiture has caused hardship to the dependant, the Court may—
(a) order that the dependant is entitled to be paid a specified amount out of the proceeds of sale of the interest, being an amount the Court thinks necessary to prevent hardship to the dependant, and
(b) if the dependant is under 18 years of age—make ancillary orders to ensure the proper application of the amount.
The Court must not make an order under subsection (2) unless the Court is satisfied the dependant had no knowledge of the serious offence in relation to which the relevant property was forfeited.
Subsection (3) does not apply if the dependant is under 18 years of age.
If a person has been convicted of a serious offence and an application is made to a court under section 13 (1) (a) or (2) (a) in relation to specified property and—
(a) the court is satisfied that the property is tainted property in relation to the offence, and
(a1) if the application relates to property of the kind referred to in paragraph (d) of the definition of
tainted property in section 4 (1)—the court is satisfied that, having regard to subsection (1A), it is appropriate to treat the property as having been derived or realised by the defendant (or by a person at the request or by the direction of the defendant) because of the commission of a serious offence, and(b) the court has taken into consideration (having regard to information before the court)—
(i) the use that is ordinarily or had been intended to be made of the property, and
(ii) any hardship that may reasonably be likely to arise (whether on the part of that or any other person) following the making of the order,
the court may order that the property is forfeited to the State.
In considering whether to treat property of the kind referred to in paragraph (d) of the definition of
(a) whether or not it is in the public interest to treat it as such property, and
(b) whether or not the depiction of the offence, or the expression of the defendant’s thoughts, opinions or emotions regarding the offence, in the public promotion for which the property was derived or realised has any general social or educational value, and
(c) the nature and purposes of the public promotion for which the property was derived or realised, including its use for research, educational or rehabilitative purposes.
In considering any hardship that may be likely to arise on the part of a person convicted of a serious offence, the court shall not take into account the sentence imposed in respect of the offence.
In considering any hardship reasonably likely to arise on the part of an Aboriginal person or a Torres Strait Islander convicted of a serious offence, the court must take into account responsibilities arising from the person’s ties to extended family and kinship.
If the court orders that property (other than money) is forfeited to the State, the court shall specify in the order the amount that it considers to be the value of the property at the time when the order is made.
If, at the hearing of an application made under section 13 (1) (a) or (2) (a) in reliance on the conviction of a person for a serious offence, evidence is given that property to which the application relates was in the possession of the person at or immediately after the commission of the offence, then—
(a) if there is no evidence given tending to show that the property was not used in, or in connection with, the commission of the offence—the court shall presume that the property was used in, or in connection with, the commission of the offence, or
(b) in any other case—the court shall not make an order under this section in relation to the property unless it is satisfied, on the balance of probabilities, that the property was used in, or in connection with, the commission of the offence.
A court making a forfeiture order in respect of property may specify in the order the extent of the estate, interest or rights in the property that are affected by the order and, where the order is to apply to land, the court shall do so.
If a court makes a forfeiture order in respect of property—
(a) the property vests in the Crown in right of New South Wales (or in such State authority as is specified in the forfeiture order) to the extent of the estate, interest or rights (if any) specified in the forfeiture order, and
(b) the property so vests subject to every charge or encumbrance to which the property was subject immediately before the forfeiture order was made and, in the case of land under the provisions of the Real Property Act 1900, is subject to every mortgage, lease or other interest recorded in the Register kept under that Act, and
(c) if the property is not already in the possession of the State, the State may take possession of the property.
Nothing in subsection (1) affects the operation of section 86 of the Real Property Act 1900 in relation to a forfeiture order made in respect of land.
If a court makes a forfeiture order in respect of property—
(a) the property shall not, except with the leave of an appropriate court and in accordance with any directions of the court, be disposed of, or otherwise dealt with, by or on behalf of the State, before the relevant time, and
(b) if, at the relevant time, the forfeiture order has not been discharged, the property may be disposed of, or otherwise dealt with—
(i) in accordance with any direction of the Attorney General or of a person authorised by the Attorney General for the purposes of this subparagraph, or
(ii) in accordance with any other applicable law.
In subsection (3)—
(a) if—
(i) the period provided for the lodging of an appeal against the forfeiture order has expired without such an appeal having been lodged—the expiration of that period, or
(ii) an appeal against the forfeiture order has been lodged—the time when the appeal lapses or is finally determined, as the case requires, or
(b) if—
(i) the period provided for the lodging of an appeal against the conviction for the relevant serious offence has expired without such an appeal having been lodged—the expiration of that period, or
(ii) an appeal against the conviction has been lodged—the time when the appeal lapses or is finally determined, as the case requires,
whichever is the later.
If, in reliance on the conviction of a person for a serious offence, a court makes a forfeiture order in respect of property, any other person (in this section referred to as the
If the court to which the application is made is satisfied, on the balance of probabilities, that—
(a) the applicant was not, in any way, involved in the commission of the relevant serious offence, and
(b) if the applicant acquired the interest at the time of or after the commission of the offence, the applicant acquired the interest—
(i) for sufficient consideration, and
(ii) without knowing, and in circumstances that would not arouse a reasonable suspicion, that the property was, at the time of the acquisition, tainted property,
the court shall make an order declaring the nature, extent and value of the applicant’s interest in the property and—
(c) if the property is still in the possession of the State—directing that the property be transferred to the applicant or declaring that there is payable to the applicant the amount specified in the order as the value of the applicant’s interest in the property, or
(d) in any other case—declaring that there is payable to the applicant the amount specified in the order as the value of the applicant’s interest in the property.
In deciding, for the purpose of subsection (2) (c), whether to direct that property be transferred to an applicant or to declare that an amount is payable to an applicant, the court shall have regard to—
(a) the nature, extent and value of the applicant’s interest in the property, and
(b) if the court is aware that any other person claims an interest in the property—the nature, extent and value of that claimed interest, and
(c) any other matter that seems to the court to be relevant.
A person who applies to a court for an order under this section shall give notice, as prescribed by the regulations or by rules of court, of the making of the application and of the date, time and place fixed for the hearing of the application.
A court may not make an order under this section in respect of the interest of an applicant who—
(a) has been given notice under section 14 (1) (a) in relation to the application for the forfeiture order, or
(b) has appeared under section 14 (1) (b) at the hearing of the application for the forfeiture order,
unless the court is satisfied that the making of the order is justified on special grounds.
Special grounds referred to in subsection (5) include any of the following that are relevant—
(a) that the applicant was unable to appear at the hearing of the application for the forfeiture order,
(b) that the applicant did not appear at that hearing for a good reason,
(c) that particular evidence adduced by the applicant in connection with the application under subsection (1) was not available to the applicant at the time of the hearing of the application for the forfeiture order.
A reference in this section to the transfer of property includes, without limiting the meaning of that expression, the transfer of land or an estate or interest in land by a conveyance, transfer or other appropriate transaction.
A forfeiture order is discharged—
(a) if the conviction in reliance on which the order is made is subsequently quashed, or
(b) if the forfeiture order is discharged by the court which hears an appeal against it under section 92 (appeals).
The payment to the State of the amount specified in a forfeiture order as the value of the property in respect of which the forfeiture order is made operates (except in so far as the court otherwise directs) to discharge the forfeiture order.
If a forfeiture order in respect of property is discharged (whether on an appeal against the making of the forfeiture order or as provided by this section) the person who had possession of the property before possession of it was taken by or on behalf of the State may, by application in writing to the Attorney General, request the return of the property and, on receipt of the application by the Attorney General—
(a) if the property is still in the possession of the State—the Attorney General shall arrange for the property to be returned to the person, or
(b) in any other case—there is payable to the person the amount realised on disposal of the property by the State.
If—
(a) a person applies to the Attorney General under subsection (3) for the return of property that is in the possession of the State, and
(b) under section 20, an amount has been paid to another person in respect of that other person’s interest in the property,
then, despite subsection (3), the Attorney General shall inform the first-mentioned person that the property will be returned to the first-mentioned person on payment to the State of an amount equal to the amount paid as mentioned in paragraph (b) and, if that amount is paid to the State, the Attorney General shall arrange for the property to be so returned.
If—
(a) a person applies to the Attorney General under subsection (3) for the return of property that is not in the possession of the State, and
(b) under section 20, an amount has been paid to another person in respect of that other person’s interest in the property,
then, despite subsection (3), there is payable to the first-mentioned person the amount realised on disposal of the property by the State, reduced by an amount equal to the amount paid as mentioned in paragraph (b).
In this section—
(a) a reference to the return of property includes, without limiting the meaning of that expression, the return of land or an estate or interest in land by a conveyance, transfer or other appropriate transaction, and
(b) a reference to a person who had possession of property includes a reference to any person who is entitled to the property.
If a person (in this section referred to as the
A court to which an application is made under subsection (1) may, if it is satisfied that a forfeiture order may be made in respect of the property, by order direct that the property (or such part of the property as is specified in the order) is not to be disposed of by the person convicted of the serious offence or by any other person, except in such manner and in such circumstances (if any) as are specified in the order.
If, while an order under this section is in force—
(a) a court makes a forfeiture order in respect of property to which the order relates, or
(b) no application for a forfeiture order is made before the end of the relevant period in relation to the defendant’s conviction,
the court who made the order may—
(c) if it considers it appropriate, make an order setting aside the order in respect of the whole or a specified part of the property, and
(d) make such other order or orders as it considers appropriate in relation to the operation of the order.
This Division applies to—
(a) property that comes into the possession, or under the control, of a person either within or outside the State and either before or after the commencement of this Division, and
(b) benefits that are provided to a person either within or outside the State and either before or after the commencement of this Division.
If a person has been convicted of a serious offence other than a drug trafficking offence and an application is made under section 13 (1) (b) for an order in respect of the offence, the court may—
(a) assess, in accordance with section 25, the value of the benefits derived by the person because of having committed the offence, and
(b) order the person to pay to the State a pecuniary penalty equal to the value so assessed.
If—
(a) property that is the proceeds of the offence has been forfeited under this Act or a law of the Commonwealth, a Territory or another State, or
(b) a forfeiture order is proposed to be made against property that is proceeds of the offence,
the pecuniary penalty to be paid shall be taken to be reduced by an amount equal to the value of the property as at the time of the making of the order under this section.
If—
(a) a court makes an order under this section in relation to an offence, and
(b) in calculating the penalty amount, the court took into account a proposed forfeiture order in respect of property, and
(c) an appeal against the forfeiture order is allowed or the proceedings for the proposed forfeiture order terminate without the proposed forfeiture order being made,
an appropriate officer may apply to the court for a variation of the order to increase the penalty amount by the value of the property and the court may, if it considers it appropriate to do so, vary the order accordingly.
An amount payable by a person to the State in accordance with an order made under this section shall, for all purposes, be taken to be a civil debt due by the person to the State.
An order made by a court under this section may be enforced as if it were an order made by the court in civil proceedings instituted by the State against the person to recover a debt due by the person to the State.
In this section—
For the purposes of an application for a pecuniary penalty order against a person (in this section called the
(a) the money, or the value of the property other than money, that came into the possession or under the control of—
(i) the defendant, or
(ii) another person at the request or by the direction of the defendant,
because of the defendant’s having committed the offence or any of the offences,
(a1) subject to subsection (2A), the value of any benefit that was provided for the defendant (or for another person at the request or direction of the defendant) for the depiction of the offence or offences, or the expression of the defendant’s thoughts, opinions or emotions regarding the offence or offences, in any public promotion,
(b) the value of any benefit, other than a benefit of the kind referred to in paragraph (a) or (a1), that was provided for—
(i) the defendant, or
(ii) another person at the request or by the direction of the defendant,
because of the defendant’s having committed the offence or any of the offences,
(c) if the offence or any of the offences consisted of the doing of an act or thing in relation to a prohibited drug or prohibited plant as respectively defined in the Drug Misuse and Trafficking Act 1985—
(i) the market value, at the time of the offence, of similar or substantially similar substances, and
(ii) the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar or substantially similar act or thing,
(d) the value of the defendant’s property—
(i) if the application relates to a single serious offence—before and after the commission of the offence, or
(ii) if the application relates to 2 or more serious offences—before, during and after the offence period,
(e) the defendant’s income and expenditure—
(i) if the application relates to a single offence—before and after the commission of the offence, or
(ii) if the application relates to 2 or more offences—before, during and after the offence period.
In considering whether to treat a benefit of the kind referred to in subsection (2) (a1) as a benefit derived by the defendant because of having committed a serious offence or serious offences, a court may have regard to any matter that it thinks fit, including—
(a) whether or not it is in the public interest to treat it as such a benefit, and
(b) whether or not the depiction of the offence or offences, or the expression of the defendant’s thoughts, opinions or emotions regarding the offence or offences, has any general social or educational value, and
(c) the nature and purposes of the public promotion for which the benefit was provided, including its use for research, educational or rehabilitative purposes.
If a court is satisfied that part (but not all) of a public promotion relates to a depiction or an expression of the kind referred to in subsection (2) (a1), the court may, for the purposes of section 24, treat the value of the benefit derived by the defendant because of having committed an offence as being such proportion of the total value of any benefit derived by the defendant for the promotion as seems just and equitable to the court in the circumstances.
If, at the hearing of an application for a pecuniary penalty order against a defendant in relation to a serious offence or serious offences, evidence is given that the value of the defendant’s property—
(a) after the defendant committed the serious offence, or
(b) during and after the end of the offence period,
exceeded the value of the defendant’s property before the defendant committed the serious offence or before the commencement of the offence period then, for the purposes of section 24, the court shall, subject to subsection (4), treat the value of the benefits derived by the defendant because of having committed the offence or offences as being not less than the amount of the excess.
If, after evidence has been given at the hearing of an application for a pecuniary penalty order against a defendant in relation to a serious offence or serious offences that the value of the defendant’s property—
(a) after the defendant committed the serious offence, exceeded the value before the serious offence was committed, or
(b) after the end of the offence period, exceeded the value before the commencement of the offence period,
the defendant satisfies the court that the whole or a part of the excess was due to causes unrelated to the commission of the offence or offences—
(c) if the defendant so satisfies the court in respect of the whole of the excess—subsection (3) does not apply to the excess, or
(d) if the defendant so satisfies the court in respect of a part of the excess—subsection (3) applies to the excess as if it were reduced by the amount of that part.
In calculating, for the purposes of an application for a pecuniary penalty order against a defendant in relation to a serious offence or serious offences, the value of benefits derived by the defendant because of having committed the offence or offences, any expenses or outgoings of the defendant in connection with the commission of the offence or offences shall not be deducted.
For example, in the case of an illegal activity involving the trafficking of drugs, in determining the value of benefits derived by the defendant from the trafficking of drugs there is to be no reduction on account of any expenditure by the defendant in acquiring the drugs.
This section applies to and in relation to property that comes into the possession or under the control of a person either within or outside New South Wales, and to benefits that are provided for a person either within or outside New South Wales.
At the hearing of an application for a pecuniary penalty order against a defendant in relation to a serious offence or serious offences—
(a) a member of the Police Force, or
(b) a member of the Australian Federal Police, or
(c) a Customs officer,
who is experienced in the investigation of indictable offences under, or similar to offences under, the Drug Misuse and Trafficking Act 1985 may testify, to the best of his or her information, knowledge and belief—
(d) with respect to the amount that was the market value of a prohibited drug or prohibited plant as respectively defined in that Act at a particular time or during a particular period, or
(e) with respect to the amount, or the range of amounts, ordinarily paid at a particular time, or during a particular period, for the doing of an act or thing in relation to such a prohibited drug or prohibited plant,
despite any rule of law or practice relating to hearsay evidence and the testimony shall, in the absence of evidence to the contrary, be evidence of the matter testified to.
A pecuniary penalty order is discharged—
(a) if the conviction in reliance on which the order is made is subsequently quashed, or
(b) the pecuniary penalty order is discharged by the court which hears an appeal against it under section 92 (appeals).
If a pecuniary penalty order is registered under the Service and Execution of Process Act 1992 of the Commonwealth, notice of the discharge of that order must be given as prescribed by the rules of the Supreme Court.
In assessing the value of the benefits derived by a person because of having committed a serious offence or serious offences, a court may treat as property of the person any property that, in the opinion of the court, is subject to the effective control of the person.
On application by an appropriate officer, a court may, if in its opinion particular property is subject to the effective control of a person against whom the court has made a pecuniary penalty order, make an order declaring that the whole, or a specified part, of that property is available to satisfy the pecuniary penalty order.
If a court declares that property is available to satisfy a pecuniary penalty order—
(a) the order may be enforced against the property as if the property were property of the person against whom the order is made, and
(b) a restraining order or freezing notice may be made in respect of the property as if the property were property of the person against whom the order is made.
If an appropriate officer makes an application for an order under subsection (2) that property is available to satisfy a pecuniary penalty order against a person—
(a) the appropriate officer shall give written notice for the application to the person and to any other person who the appropriate officer has reason to believe may have an interest in the property, and
(b) the person and any other person who claims an interest in the property may appear and adduce evidence at the hearing of the application.
This Division applies to proceeds of a drug trafficking offence that come into the possession of a person either before or after the commencement of this Division.
If an application is made for a drug proceeds order against a person (in this Division called the
(a) determine whether the defendant has derived any benefit in connection with drug trafficking at any time, and
(b) if the court believes the defendant has so benefited, assess the value of any such benefit, and
(c) order the defendant to pay to the State a pecuniary penalty equal to the amount so assessed.
If—
(a) property that is the proceeds of drug trafficking has been forfeited under this Act or a law of the Commonwealth, a Territory or another State, or
(b) a forfeiture order is proposed to be made against property that is proceeds of drug trafficking,
the pecuniary penalty to be made is taken to be reduced by an amount equal to the value of the property as at the time of the making of the forfeiture order.
If—
(a) a court makes an order under this section in relation to an offence, and
(b) in calculating the penalty amount, the court took into account a proposed forfeiture order in respect of property, and
(c) an appeal against the forfeiture order is allowed or the proceedings for the proposed forfeiture order terminate without the proposed forfeiture order being made,
an appropriate officer may apply to the court for a variation of the order to increase the penalty amount by the value of the property and the court may, if it considers it appropriate to do so, vary the order accordingly.
An amount payable by a defendant to the State in accordance with an order made under this section is, for all purposes, taken to be a civil debt due by the defendant to the State.
An order made by a court under this section may be enforced as if it were an order made by the court in civil proceedings instituted by the State against the defendant to recover a debt due by the person to the State.
A court is to assess the benefits (if any) derived in connection with drug trafficking by having regard to information before the court concerning all or any of the following matters—
(a) the money, or the value of property other than money, that came into the possession or control of the defendant, or another person at the request or by the direction of the defendant, at any time in connection with drug trafficking by the defendant,
(b) the value of any benefit that was provided for the defendant, or for another person at the request or direction of the defendant, in respect of the defendant’s involvement or participation in a public promotion relating to drug trafficking (or such part of the value of the benefit as is commensurate with the proportion of the defendant’s involvement or participation that is concerned with drug trafficking),
(c) the value of any benefit, other than a benefit of a kind referred to in paragraph (a) or (b), that was provided for the defendant, or another person at the request or by the direction of the defendant, because of drug trafficking by the defendant,
(d) the market value, at the time of the drug trafficking, of substances similar or substantially similar to the prohibited drug or prohibited plant involved in the drug trafficking offence or offences,
(e) the amount that was, or the range of amounts that were, ordinarily paid for the doing of an act or thing similar or substantially similar to the doing of the act or thing constituting the drug trafficking,
(f) the value of the defendant’s property appearing to the court—
(i) to have been held by the defendant at any time since his or her conviction, or
(ii) to have been transferred to the defendant at any time since the beginning of the period of 6 years that ended when the proceedings were instituted against the defendant,
(g) the value of the defendant’s income and expenditure—
(i) at any time since his or her conviction, or
(ii) at any time since the beginning of the period of 6 years that ended when the proceedings were instituted against the defendant.
In considering whether to treat a benefit of the kind referred to in subsection (1) (b) as a benefit derived in connection with drug trafficking, a court may have regard to any matter that it thinks fit, including the public interest and any research, educational or rehabilitative purpose of the public promotion concerned.
If evidence is given that the value of the defendant’s property or the defendant’s income or expenditure—
(a) after the defendant committed drug trafficking offences, or
(b) during and after the end of the period of 6 years that ended when proceedings for the drug trafficking offences were last instituted against the defendant,
exceeded the value of the defendant’s property or income or expenditure before the defendant committed the drug trafficking offences or before the commencement of that period then the court must treat the value of the benefits derived by the defendant because of drug trafficking by the defendant as being not less than the amount of the excess.
Subsection (3) does not apply to the whole or a part of the excess referred to in that subsection if the defendant satisfies the court that it was due to causes unrelated to drug trafficking or the commission of other serious offences.
For the purposes of assessing the value of the proceeds of drug trafficking in a case where a drug proceeds order has previously been made against the defendant, the court must leave out of account any of the defendant’s proceeds of drug trafficking that are shown to the court—
(a) to have been taken into account in determining the amount to be recovered in respect of drug trafficking under a previous drug proceeds order or pecuniary penalty order, or
(b) to have been recovered under an order made under the Criminal Assets Recovery Act 1990.
In assessing the value of the proceeds of drug trafficking of a defendant convicted of a drug trafficking offence or offences, any expenses or outgoings of the defendant in connection with the commission of the offence or offences must not be deducted.
For example, in the case of an illegal activity involving the trafficking of drugs, in determining the value of the proceeds derived by the defendant from the trafficking of drugs there is to be no reduction on account of any expenditure by the defendant in acquiring the drugs.
This section applies to and in relation to property that comes into the possession or under the control of a person either within or outside New South Wales, and to benefits that are provided for a person either within or outside New South Wales.
If—
(a) there is tendered to a court by the prosecution a statement as to any matters relevant to determining whether the defendant has benefited from drug trafficking or to the assessment of the value of the defendant’s proceeds of drug trafficking, and
(b) the defendant accepts to any extent any allegation in the statement,
the court may, for the purposes of that determination and assessment, treat the defendant’s acceptance as conclusive of the matters to which it relates.
If—
(a) a statement is tendered under subsection (1) (a), and
(b) the court is satisfied that a copy of that statement has been served on the defendant,
the court may require the defendant to indicate to what extent the defendant accepts each allegation in the statement and, so far as the defendant does not accept any such allegation, to indicate any matters the defendant proposes to rely on.
If the defendant fails in any respect to comply with a requirement under subsection (2), the defendant may be treated for the purposes of this section as accepting every allegation in the statement apart from—
(a) any allegation in respect of which the defendant has complied with the requirement, and
(b) any allegation that the defendant has benefited from drug trafficking or that any benefit was derived by the defendant in connection with drug trafficking carried on by the defendant or another.
(Repealed)
An allegation may be accepted or a matter indicated for the purposes of this section either—
(a) orally before the court, or
(b) in writing in accordance with the rules of court.
No acceptance by the defendant under this section that any benefit was derived by the defendant in connection with drug trafficking carried on by the defendant or another shall be admissible in evidence in any proceedings for an offence.
(Repealed)
In proceedings for an application for a drug proceeds order, a member of the NSW Police Force, a member of the Australian Federal Police or a Customs officer may give evidence (whether in person or in a statement tendered to the court by the prosecution under this Division)—
(a) as to the market value, at the time of a drug trafficking offence in relation to a substance, or substantially similar substances, and
(b) as to the amount, or the range of amounts, ordinarily paid for the doing of a similar or substantially similar act or thing to the offence.
The evidence may be given by a person who is experienced in the investigation of indictable offences under (or similar to offences under) the Drug Misuse and Trafficking Act 1985.
Any such person may give evidence, to the best of his or her information, knowledge and belief—
(a) as to the amount that was the market value of a prohibited drug or prohibited plant within the meaning of the Drug Misuse and Trafficking Act 1985 at a particular time or during a particular period, or
(b) as to the amount, or the range of amounts, ordinarily paid at a particular time, or during a particular period, for the doing of an act or thing in relation to any such prohibited drug or prohibited plant,
despite any rule of law or practice relating to hearsay evidence and the testimony is, in the absence of evidence to the contrary, evidence of the matter testified to.
In assessing the value of benefits derived by a person because of drug trafficking, a court may treat as property of the defendant any property that, in the opinion of the court, is subject to the effective control of the defendant.
On application by an appropriate officer, a court may make an order declaring that specified property is available to satisfy a drug proceeds order, if it is of the opinion that the property is subject to the effective control of a defendant against whom the court has made a drug proceeds order.
If a court declares that property is available to satisfy a drug proceeds order—
(a) the order may be enforced against the property as if the property were property of the person against whom the order is made, and
(b) a freezing notice or restraining order may be made in respect of the property as if the property were property of the person against whom the order is made.
An appropriate officer must give written notice of an application under this section to the defendant and to any other person the appropriate officer has reason to believe may have an interest in the property.
The defendant and any other person who claims an interest in the property may appear and adduce evidence at the hearing of the application.
An appropriate officer may apply to an appropriate court for a substituted tainted property declaration against a person.
A
Any application for a substituted tainted property declaration may be made—
(a) in conjunction with an application for a restraining order or forfeiture order, or
(b) at any other time.
If an appropriate officer applies for a substituted tainted property declaration in respect of a property or interest in property (or a combination of these) of a person—
(a) the appropriate officer must give written notice of the application to the person and to any other person the appropriate officer has reason to believe may have an interest in the property or properties concerned, and
(b) the person, and any other person who claims an interest in the property or properties concerned, may appear and adduce evidence at the hearing of the application, and
(c) the court may, at any time before the final determination of the application, direct the appropriate officer to give or publish notice of the application to a specified person or class of persons, in the manner and within the time that the court considers appropriate.
The court must make a substituted tainted property declaration against a person if the court is satisfied that—
(a) the person has been convicted of a serious offence, and
(b) particular property became tainted property because it was used in, or in connection with, the commission of the serious offence, and
(c) the tainted property is not available for forfeiture because—
(i) the person does not own, and does not have effective control of, the property, or
(ii) the property has been sold or otherwise disposed of or cannot be found for any other reason.
When making a substituted tainted property declaration against a person, the court is to—
(a) assess the value of the tainted property and specify its value in the declaration, and
(b) specify property or an interest in property (or combination of these) of the person that the court considers to be available for forfeiture instead of the tainted property.
The value of the tainted property is to be assessed for the purposes of subsection (6) (a) by reference to its value at the time of the commission of the serious offence concerned.
Property or an interest in property (or a combination of these) specified for the purposes of subsection (6) (b)—
(a) must not have a value (or a total combined value) that is greater than the value of the tainted property, and
(b) if it is practicable to do so, must be in relation to property of the same kind as the tainted property.
If the court makes a substituted tainted property declaration, the property or interest in property (or combination of properties or interests) specified in the declaration as being available for forfeiture is to be treated as being the tainted property for the purposes of this Act (including in connection with the making of forfeiture orders) in relation to the serious offence concerned instead of the tainted property that is not available for forfeiture.
In this section—
(Repealed)
Except as otherwise provided by this section, proceedings for an offence against this Act shall be dealt with summarily before the Local Court.
The Local Court may not deal with an offence under section 42O or 45A unless it is satisfied that the value of the property concerned does not exceed the jurisdictional limit of the Local Court.
Proceedings for an offence under section 42O or 45A must, if the value of the property concerned is more than the jurisdictional limit of the Local Court, be dealt with before the Supreme Court in its summary jurisdiction.
Proceedings for an offence under section 69 (making of monitoring orders) shall be dealt with on indictment.
In this section, the
In any legal proceedings, a certificate signed by the Secretary of the Attorney General’s Department certifying that a specified person was or was not an authorised officer at a stated time is admissible in any proceedings under this Act and is evidence of the facts so certified.
If it is necessary, for the purposes of this Act, to establish the state of mind of a body corporate in respect of conduct engaged in, or taken by subsection (2) to have been engaged in, by the body corporate, it is sufficient to show that a director, servant or agent of the body corporate (being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority) had that state of mind.
Any conduct engaged in on behalf of a body corporate—
(a) by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority, or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent,
shall be taken, for the purposes of this Act, to have been engaged in by the body corporate.
If it is necessary, for the purposes of this Act, to establish the state of mind of a person in relation to conduct taken by subsection (4) to have been engaged in by the person, it is sufficient to show that a servant or agent of the person (being a servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority) had that state of mind.
Conduct engaged in on behalf of a person other than a body corporate—
(a) by a servant or agent of the person within the scope of his or her actual or apparent authority, or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a servant or agent of the first-mentioned person, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the servant or agent,
shall be taken, for the purposes of this Act, to have been engaged in by the first-mentioned person.
A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for that knowledge, intention, opinion, belief or purpose.
A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.
If an interstate forfeiture order, interstate crime related property declaration or interstate restraining order expressly applies to property in New South Wales, the order or declaration may be registered under this Act.
An interstate forfeiture order, interstate crime related property declaration or interstate restraining order is to be regarded as registered under this Act when a copy of the order or declaration (being a copy sealed by the court or person that made the order or declaration) is registered in accordance with the rules of the Supreme Court.
A sealed copy of an interstate forfeiture order, interstate crime related property declaration or interstate restraining order is not required for the purposes of registration if it is not the practice of the court or body that issued the order or declaration to seal copies of the order or declaration.
Any amendments made to an interstate forfeiture order, interstate crime related property declaration or interstate restraining order (before or after registration) may be registered in the same way, and any such amendments do not, for the purposes of this Act, have effect until they are registered.
An application for registration may be made by the person on whose application the order or declaration or amendments were made, by an appropriate officer or by a person affected by the order or declaration or amendments.
A registered interstate forfeiture order may be enforced in New South Wales as if it were a forfeiture order made under section 18 (1) at the time of registration.
This Act (other than section 92 (appeals)) applies to a registered interstate forfeiture order as it applies to a forfeiture order made under section 18 (1).
A registered interstate forfeiture order does not operate so as to vest property (or any estate, interest or right in property) otherwise than in the Crown in right of New South Wales.
A registered interstate forfeiture order does not operate so as to vest property in the Crown in right of New South Wales if the order has already operated to vest the property in the Crown in some other capacity or in some other person or entity.
A registered interstate crime related property declaration is, subject to the regulations, to be enforced as if it were a registered interstate forfeiture order and this Part applies accordingly.
Regulations may be made for or with respect to the circumstances in which a registered interstate crime related property declaration is to be treated as a registered interstate forfeiture order.
A registered interstate restraining order may be enforced in New South Wales as if it were a restraining order made under section 43 (2) at the time of registration.
This Act (other than sections 43, 44 (1), 45B, 48, 54 and 56 (2)) applies to a registered interstate restraining order as it applies to a restraining order made under section 43 (2).
A court of the State may not revoke or vary a registered interstate forfeiture order, registered interstate crime related property declaration or registered interstate restraining order or limit the manner in which such an order or declaration applies.
If—
(a) an interstate forfeiture order, interstate crime related property declaration or interstate restraining order is registered under this Act, and
(b) the order or declaration ceases to be in force in the State in which it was made,
the registered order or declaration continues to be enforceable in New South Wales (as if the order or declaration were still in force in the State in which it was made) until the registration is cancelled under section 82.
The registration of an interstate forfeiture order, interstate crime related property declaration or interstate restraining order may be cancelled by the Supreme Court if—
(a) the registration was improperly obtained, or
(b) the order or declaration ceases to be in force in the State in which it was made.
An application for cancellation of the registration of an order or declaration may be made by the person on whose application the order or declaration was made, by an appropriate officer or by a person affected by the order or declaration.
If—
(a) an interstate restraining order is made against property of a person in connection with an interstate serious offence committed or alleged to be committed by the person, and
(b) an interstate pecuniary penalty order is made against the person in connection with that offence, and
(c) the interstate restraining order is registered under this Act, and
(d) the interstate pecuniary penalty order is registered in a court of New South Wales under the Service and Execution of Process Act 1992 of the Commonwealth,
then, on the registration referred to in paragraph (c) or the registration referred to in paragraph (d) (whichever last occurs), a charge is created on the property to secure payment of the amount due under the interstate pecuniary penalty order.
Where a charge is created by subsection (1) on property of a person to secure payment of the amount due under an interstate pecuniary penalty order, the charge ceases to have effect in respect of the property—
(a) on the interstate pecuniary penalty order ceasing to have effect (because the conviction, if any, in reliance on which the order was made has been quashed or for any other reason), or
(b) on the discharge of the interstate pecuniary penalty order by a court hearing an appeal against the making of the order, or
(c) on payment of the amount due under the interstate pecuniary penalty order, or
(d) on the person becoming bankrupt, or
(e) on the sale or other disposition of the property—
(i) under an order made by a court under the corresponding law of the State in which the interstate pecuniary penalty order was made, or
(ii) by the owner of the property with the consent of the court that made the interstate pecuniary penalty order, or
(iii) where the interstate restraining order directed a person to take control of the property—by the owner of the property with the consent of that person, or
(f) on the sale of the property to a purchaser in good faith for value who, at the time of purchase, has no notice of the charge,
whichever first occurs.
A charge created on property by subsection (1)—
(a) is subject to every encumbrance on the property that came into existence before the charge and that would, apart from this subsection, have priority over the charge, and
(b) has priority over all other encumbrances, and
(c) subject to subsection (2), is not affected by any change of ownership of the property.
Where a charge is created by subsection (1) on property of a particular kind and the provisions of any law (whether or not a law of the State) provide for the registration of title to, or charges over, property of that kind—
(a) the NSW Trustee and Guardian or an appropriate officer may or, in the case of land, shall cause the charge so created to be registered under the provisions of that law, and
(b) if the charge is so registered, a person who purchases or otherwise acquires an interest in the property after the registration of the charge shall, for the purposes of subsection (2) (f), be taken to have notice of the charge at the time of the purchase or acquisition.
If a charge under this section relates to land under the provisions of the Real Property Act 1900, the charge has no effect until it is registered under that Act.
Section 73 (2) of the Personal Property Securities Act 2009 of the Commonwealth is declared to apply to a charge created by subsection (1).
If—
(a) an interstate restraining order is registered under this Act, and
(b) the restraining order directs an official of the State in which it was made to take control of property,
the NSW Trustee and Guardian may, in accordance with an agreement between the NSW Trustee and Guardian and the official, exercise the same powers in relation to the property as the official would have been able to exercise if the property were located in that State.
A facsimile copy of—
(a) a sealed copy of an interstate forfeiture order, interstate crime related property declaration or interstate restraining order, or
(b) a sealed copy of any amendments made to such an order or declaration,
shall be regarded for the purposes of this Act as the same as the sealed copy, if the facsimile copy is itself certified in accordance with the requirements of the court or body that issued it.
Registration effected by means of a facsimile copy ceases to have effect at the end of the period of 5 days commencing on the day of registration unless a sealed copy that is not a facsimile copy has been registered by that time.
Registration of the sealed copy before the end of the period referred to in subsection (2) has effect as from the day of registration of the facsimile copy.
Although registration of a facsimile copy of an interstate forfeiture order or interstate crime related property declaration ceases to have effect in the circumstances mentioned in subsection (2), any forfeiture already made in relation to the order or declaration is not affected.
If an application for a confiscation order has been made to an appropriate court, no further application in relation to the same matter may be made to another court, except with the leave of the Supreme Court or in such circumstances as may be prescribed.
If an application is made for a confiscation order to a court before which a person was convicted of a serious offence—
(a) the application may be dealt with by that court, and
(b) any function may be exercised by that court in relation to the confiscation order,
whether or not that court is constituted in the same way as it was constituted when the person was convicted of the offence.
The Local Court may not, in relation to the conviction of a person for a particular offence, make a forfeiture order in respect of property unless it is satisfied that the value of the property (together with the value of any other property the subject of any other undischarged forfeiture order made by the Local Court in relation to the same conviction of that person) does not exceed the maximum amount that may be awarded by the Local Court when exercising its general civil jurisdiction.
The Local Court may not make a pecuniary penalty order against a person unless it is satisfied that the amount payable under the order (together with the amount payable under any other undischarged pecuniary penalty order made against the person by the Local Court) would not exceed the maximum amount that may be awarded by the Local Court when exercising its general civil jurisdiction.
The Local Court may not make a drug proceeds order against a person for an amount that exceeds the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007.
The Local Court may not make a forfeiture order in respect of land, except in such circumstances as may be prescribed.
For the purposes of this section, the value of property shall be as determined by the Local Court.
Nothing in this section prevents the Local Court from exercising its jurisdiction in relation to a freezing notice issued in relation to land or in relation to property whose value exceeds the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007.
Proceedings before the Local Court on an application for a forfeiture order or drug proceeds order, or on an application for confirmation or setting aside of a freezing notice, are to be dealt with by the Court sitting in its General Division within the meaning of the Local Court Act 2007.
The Commissioner for the Independent Commission Against Corruption may exercise any functions under this Act only after consultation with the Director of Public Prosecutions, and shall consider whether any such function should instead be exercised by the Director.
The Chief Commissioner of the Law Enforcement Conduct Commission may exercise any function under this Act only—
(a) after consultation with the Director of Public Prosecutions, or
(b) in conformity with an arrangement referred to in section 163 (Referral of matter for action under confiscation legislation) of the Law Enforcement Conduct Commission Act 2016,
and must consider whether any such function should instead be exercised by the Director.
It is intended that the Chief Commissioner of the Law Enforcement Conduct Commission will exercise a function under this Act only in connection with matters arising during or out of that Commission’s own investigations. However, this subsection does not provide any grounds for an appeal against or any other challenge to the exercise by the Commission of any such function.
For the purpose of enabling a forfeiture order, restraining order or freezing notice to be registered under the corresponding law of another State, the order or notice may be expressed to apply to property in that State.
For the purpose of enabling a forfeiture order, restraining order or freezing notice to be registered under a law in force in a Territory, the order or notice may be expressed to apply to property in the Territory.
A forfeiture order, restraining order or freezing notice does not apply to property in a corresponding State or in a Territory, except in so far as—
(a) a corresponding law of that State provides that the order or notice has effect in that State following registration under that law, or
(b) a law in force in that Territory provides that the order or notice has effect in the Territory following registration under that law, or
(c) the property was movable property and was located elsewhere than in a corresponding State or in a Territory when the order or notice took effect.
In this section—
If—
(a) a court makes an order under this Act varying a forfeiture order, restraining order or freezing notice that is registered under a corresponding law of another State, and
(b) the variation is made on the application of a third party and affects the interests of the third party in relation to property in that other State,
the court may order that the actual costs incurred by the third party in applying for and obtaining the variation be paid to the third party.
The court may instead order that part only of those costs be paid, if it is satisfied that special circumstances warrant such an order.
The costs shall be paid by a person or authority specified by the court.
The court may direct in what manner the costs are to be ascertained.
Nothing in this section limits the powers of the court to award costs under any other law.
In this section—
No duty is payable under the Duties Act 1997 in respect of—
(a) the transfer of any property under section 20 (effects of forfeiture orders on third parties), or
(b) the return of any property under section 17G (recovery of forfeited property), section 21 (discharge of forfeiture orders) or section 42S (return of property).
Without affecting any other right of appeal, a forfeiture order in relation to any property is appellable by any person who has an interest in the property—
(a) in the case of a person convicted of an offence in reliance on which the forfeiture order was made—as if the order were, or were part of, a sentence imposed in respect of the offence, or
(b) in any other case—as if the person had been convicted of a serious offence and the order were, or were part of, a sentence imposed in respect of the offence.
Without affecting any other right of appeal, a pecuniary penalty order or drug proceeds order is appellable as if it were, or were part of, a sentence imposed in respect of the offence in relation to which the order was made.
On appeal, a forfeiture order, pecuniary penalty order or drug proceeds order may be confirmed, discharged or varied.
The Attorney General or the Director of Public Prosecutions may appeal to the Court of Criminal Appeal against a refusal by a court to make a drug proceeds order, forfeiture order, pecuniary penalty order or restraining order, and the Court of Criminal Appeal may in its discretion make such order as could have been made in the first instance.
A drug proceeds order, forfeiture order, pecuniary penalty order or restraining order made by the Court of Criminal Appeal under subsection (4) shall be taken to have been made by the Supreme Court under this Act, but is not on that account subject to further appeal.
Nothing in this Act limits or restricts the operation of any other law providing for the forfeiture of property.
The regulations may make provision for or with respect to the giving of notices under this Act.
Rules of court may make provision for or with respect to the giving of notices under this Act.
If a notice is required to be given under this Act and the regulations or rules of court make provision for or with respect to the giving of the notice, the notice shall be given in accordance with the relevant provisions.
The regulations shall prevail to the extent of any inconsistency with the rules of court.
(Repealed)
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
A regulation declaring a kind of order to be within a definition may do so by reference to the interstate serious offences involved.
A regulation declaring a law to be a law that corresponds to this Act may provide that the declaration applies only for prescribed provisions of this Act.
The Crimes (Confiscation of Profits) Act 1985 is repealed.
The Crimes (Confiscation of Profits) Regulation 1986 is repealed.
The Minister must conduct a review of the reviewable provisions to determine whether—
(a) the policy objectives of the reviewable provisions remain valid, and
(b) the terms of the reviewable provisions remain appropriate for securing the objectives.
The review must be commenced as soon as practicable after 1 February 2025.
A report on the outcome of the review must be tabled in each House of Parliament by 1 February 2026.
In this section—
(a) Part 2, Divisions 1A and 6, and
(b) sections 36, 37, 43A, 66, 67A–67C and 71A–71C.
(Section 97)
In this Schedule—
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any of the following Acts—
• Crimes Legislation Amendment Act 2002 (but only to the extent that it amends this Act)
• Confiscation of Proceeds of Crime Amendment Act 2005 (but only to the extent that it amends this Act)
• Criminal Assets Recovery Amendment Act 2009
• any other Act that amends this Act
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
If this Act repeals and re-enacts (with or without modification) a provision of the 1985 Act, any act done or decision made under the provision repealed has effect after the repeal as if it had been done or made under the provision so re-enacted.
In this Part—
Division 1A of Part 3, as inserted by the amending Act, applies to or in respect of—
(a) property acquired or seized before or after the commencement of that Division, and
(b) persons who committed serious offences (whether or not they were charged with those offences) before or after the commencement of that Division.
This Act, as amended by the amending Act, applies to or in respect of interstate forfeiture orders, interstate crime related property declarations and interstate restraining orders in force immediately before the commencement of this clause.
Section 74, as amended by Schedule 4 to the Courts and Crimes Legislation Further Amendment Act 2008, extends to proceedings commenced before the commencement of that Schedule.
An amendment made by the Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 applies only in relation to a serious offence or serious drug offence that is committed on or after the commencement of the amendment.
Section 4, as amended by the Justice Legislation Amendment Act 2017, extends to a person—
(a) who has been convicted of, but not sentenced for, a serious offence before the commencement of that amendment, or
(b) who was sentenced for a serious offence within the period of 6 months before the commencement of that amendment.
In this Part—
Part 2, Division 1A, as inserted by the amending Act, does not apply to, or in relation to, a conviction made before 1 February 2023.
Section 34(1), as inserted by the amending Act, does not apply to, or in relation to, a conviction made before 1 February 2023.
Confiscation of Proceeds of Crime Act 1989 No 90. Assented to 13.6.1989. Date of commencement, Div 4 of Part 2 excepted, 11.1.1991, sec 2 and GG No 11 of 11.1.1991, p 443; date of commencement of Div 4 of Part 2, 1.1.2008, sec 2 and GG No 175 of 30.11.2007, p 8672. This Act has been amended as follows—
No 226 | Statute Law (Miscellaneous Provisions) Act (No 3) 1989. Assented to 21.12.1989. Date of commencement of the provision of Sch 1 relating to the Confiscation of Proceeds of Crime Act 1989, 11.1.1991, Sch 1 and GG No 11 of 11.1.1991, p 444. | |
No 108 | Statute Law (Miscellaneous Provisions) Act (No 2) 1990. Assented to 13.12.1990. Date of commencement of the provision of Sch 1 relating to the Confiscation of Proceeds of Crime Act 1989, 11.1.1991, Sch 1 and GG No 11 of 11.1.1991, p 443. | |
No 92 | Search Warrants (Amendment) Act 1991. Assented to 17.12.1991. Date of commencement, 20.9.1992, sec 2 and GG No 116 of 18.9.1992, p 6837. | |
No 29 | Police Legislation Amendment Act 1996. Assented to 21.6.1996. Date of commencement of Sch 2, 1.12.1996, sec 2 and GG No 137 of 29.11.1996, p 7724. | |
No 73 | Drug Misuse and Trafficking Amendment (Ongoing Dealing) Act 1998. Assented to 14.7.1998. Date of commencement, 7.8.1998, sec 2 and GG No 112 of 24.7.1998, p 5603. | |
No 94 | Crimes Legislation Amendment (Sentencing) Act 1999. Assented to 8.12.1999. Date of commencement of Sch 4.7, 3.4.2000, sec 2 (1) and GG No 42 of 31.3.2000, p 2487. | |
No 34 | Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001. Date of commencement of Sch 2.6, 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 2.6, assent, sec 2 (2). | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 130 | Crimes Legislation Amendment Act 2002. Assented to 17.12.2002. Date of commencement of Sch 3, 24.2.2003, sec 2 and GG No 49 of 21.2.2003, p 2196. | |
No 40 | Statute Law (Miscellaneous Provisions) Act 2003. Assented to 22.7.2003. Date of commencement of Sch 2.7, assent, sec 2 (2). | |
No 73 | Confiscation of Proceeds of Crime Amendment Act 2005. Assented to 21.10.2005. Date of commencement of Sch 1 (except Sch 1 [1]–[4] [6] [8] (insofar as it inserts a definition of | |
No 98 | Statute Law (Miscellaneous Provisions) Act (No 2) 2005. Assented to 24.11.2005. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 56 | Courts Legislation Amendment Act 2007. Assented to 15.11.2007. Date of commencement of Sch 3, 1.1.2008, sec 2 (2) and GG No 175 of 30.11.2007, p 8671. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 2, 3 and 7, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. Amended by Courts and Crimes Legislation Further Amendment Act 2008 No 107. Assented to 8.12.2008. Date of commencement of Sch 21, assent, sec 2 (1). | |
107 | Courts and Crimes Legislation Further Amendment Act 2008. Assented to 8.12.2008. Date of commencement of Sch 4, 19.2.2010, sec 2 (2) and 2010 (33) LW 12.2.2010. | |
No 27 | Criminal Legislation Amendment Act 2009. Assented to 19.5.2009. Date of commencement, assent, sec 2. | |
No 49 | NSW Trustee and Guardian Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (305) LW 1.7.2009. | |
No 77 | Courts and Crimes Legislation Amendment Act 2009. Assented to 3.11.2009. Date of commencement of Sch 2.7, assent, sec 2 (1). | |
No 92 | Criminal Assets Recovery Amendment Act 2009. Assented to 26.11.2009. Date of commencement, assent, sec 2. | |
No 99 | Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009. Assented to 14.12.2009. Date of commencement, 22.2.2010, sec 2 and 2010 (41) LW 19.2.2010. | |
No 106 | Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Schs 2 and 4, 8.1.2010, sec 2 (2). | |
No 57 | Personal Property Securities Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.2, 30.1.2012, sec 2 and 2011 (661) LW 16.12.2011. | |
No 16 | Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016. Assented to 11.5.2016. Date of commencement of Sch 1, 8.9.2016, sec 2 and 2016 (577) LW 8.9.2016. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.4, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017. | |
No 40 | Justice Legislation Amendment Act 2017. Assented to 14.8.2017. Date of commencement of Sch 1.3, assent, sec 2 (1). | |
No 55 | Confiscation of Proceeds of Crime Legislation Amendment Act 2022. Assented to 26.10.2022. Date of commencement, 1.2.2023, sec 2. |
Sec 3 | Am 2016 No 16, Sch 1 [1]. |
Sec 4 | Am 1996 No 29, Sch 2 (1) (2); 1998 No 73, Sch 2.2; 1999 No 94, Sch 4.7 [1] [2]; 2001 No 112, Sch 2.6; 2001 No 121, Sch 2.56 [1]; 2002 No 130, Sch 3 [1] [2]; 2005 No 73, Sch 1 [1]–[16]; 2007 No 94, Sch 2; 2009 No 27, Sch 1.2; 2016 No 16, Sch 1 [2] [3]; 2016 No 61, Sch 6.4 [1] [2]; 2017 No 40, Sch 1.3 [1] [2]; 2022 No 55, Sch 1[1]–[4]. |
Sec 5 | Am 1999 No 94, Sch 4.7 [3] [4]. |
Sec 6 | Am 2005 No 73, Sch 1 [17] [18]. |
Sec 7 | Am 2005 No 73, Sch 1 [19]; 2009 No 106, Sch 2.3. |
Sec 12 | Am 2022 No 55, Sch 1[5]. |
Sec 13 | Am 2002 No 130, Sch 3 [3] [4]; 2003 No 40, Sch 2.7; 2005 No 73, Sch 1 [20] [21]; 2016 No 16, Sch 1 [4]; 2022 No 55, Sch 1[6]. |
Secs 14, 15 | Am 2005 No 73, Sch 1 [22]. |
Part 2, Div 1A | Ins 2022 No 55, Sch 1[7]. |
Sec 17A | Ins 2022 No 55, Sch 1[7]. |
Sec 17B | Ins 2022 No 55, Sch 1[7]. |
Sec 17C | Ins 2022 No 55, Sch 1[7]. |
Sec 17D | Ins 2022 No 55, Sch 1[7]. |
Sec 17E | Ins 2022 No 55, Sch 1[7]. |
Sec 17F | Ins 2022 No 55, Sch 1[7]. |
Sec 17G | Ins 2022 No 55, Sch 1[7]. |
Sec 17H | Ins 2022 No 55, Sch 1[7]. |
Sec 18 | Am 1990 No 108, Sch 1; 2002 No 130, Sch 3 [5] [6]; 2005 No 73, Sch 1 [23] [24]. |
Sec 22 | Am 2007 No 94, Sch 2; 2022 No 55, Sch 1[8]. |
Sec 25 | Am 2002 No 130, Sch 3 [7]–[9]; 2017 No 40, Sch 1.3 [3]. |
Sec 26 | Am 2017 No 40, Sch 1.3 [4]. |
Sec 27 | Am 2005 No 73, Sch 1 [25]. |
Sec 29 | Subst 2005 No 73, Sch 1 [26]. |
Sec 30 | Subst 2005 No 73, Sch 1 [26]. Am 2017 No 40, Sch 1.3 [5]. |
Sec 31 | Am 2005 No 73, Sch 1 [27] [28]. |
Sec 31A | Ins 2005 No 73, Sch 1 [29] (am 2007 No 27, Sch 4.6). |
Sec 32 | Subst 2005 No 73, Sch 1 [30]. |
Part 2, Div 5 | Ins 2016 No 16, Sch 1 [5]. |
Sec 33 | Am 2001 No 34, Sch 2.6. Rep 2005 No 73, Sch 1 [30]. Ins 2016 No 16, Sch 1 [5]. |
Part 2, Div 6 | Ins 2022 No 55, Sch 1[9]. |
Sec 34 | Rep 2005 No 73, Sch 1 [30]. Ins 2022 No 55, Sch 1[9]. |
Sec 34A | Ins 2022 No 55, Sch 1[9]. |
Sec 35 | Am 1991 No 92, Sch 2; 2002 No 103, Sch 4.12 [1]; 2005 No 73, Sch 1 [31] [32]; 2009 No 77, Sch 2.7 [1]; 2016 No 16, Sch 1 [6]. |
Sec 36 | Am 1991 No 92, Sch 2; 2002 No 103, Sch 4.12 [2]–[4]; 2009 No 77, Sch 2.7 [2]; 2022 No 55, Sch 1[10] [11]. |
Sec 37 | Subst 2022 No 55, Sch 1[12]. |
Sec 38 | Am 2001 No 121, Sch 2.56 [2]. |
Sec 39 | Am 2002 No 103, Sch 4.12 [5]. |
Sec 41 | Am 2005 No 73, Sch 1 [33]. |
Sec 42 | Rep 2022 No 55, Sch 1[13]. |
Part 3, Div 1A | Ins 2005 No 73, Sch 1 [34]. |
Sec 42A | Ins 2005 No 73, Sch 1 [34]. |
Sec 42B | Ins 2005 No 73, Sch 1 [34]. Am 2016 No 16, Sch 1 [7]. |
Sec 42C | Ins 2005 No 73, Sch 1 [34]. Am 2016 No 16, Sch 1 [8]. |
Secs 42D–42K | Ins 2005 No 73, Sch 1 [34]. |
Sec 42L | Ins 2005 No 73, Sch 1 [34]. Am 2016 No 16, Sch 1 [9]. |
Sec 42M | Ins 2005 No 73, Sch 1 [34]. Am 2009 No 49, Sch 2.13 [1]. |
Secs 42N–42S | Ins 2005 No 73, Sch 1 [34]. |
Sec 42T | Ins 2005 No 73, Sch 1 [34]. Am 2009 No 49, Sch 2.13 [1]. |
Secs 42U, 42V | Ins 2005 No 73, Sch 1 [34]. |
Sec 43 | Am 2005 No 73, Sch 1 [35]–[37]; 2009 No 49, Sch 2.13 [1]; 2009 No 92, Sch 2 [1]; 2016 No 16, Sch 1 [10]. |
Sec 43A | Ins 2022 No 55, Sch 1[14]. |
Sec 44A | Ins 2009 No 92, Sch 2 [2]. |
Sec 45 | Am 2005 No 73, Sch 1 [38]; 2009 No 49, Sch 2.13 [1]. |
Sec 45A (previously sec 50) | Renumbered 2005 No 73, Sch 1 [39]. Am 2008 No 107, Sch 4 [1]. |
Sec 45B (previously sec 55) | Renumbered 2005 No 73, Sch 1 [40]. |
Part 3, Div 3, heading | Ins 2005 No 73, Sch 1 [41]. |
Sec 46 | Subst 2005 No 73, Sch 1 [42]. Am 2009 No 49, Sch 2.13 [1]. |
Sec 47 | Am 2005 No 73, Sch 1 [43]–[49]; 2009 No 49, Sch 2.13 [1] [2]. |
Sec 48 | Am 2005 No 73, Sch 1 [50]–[53]; 2009 No 49, Sch 2.13 [1]; 2010 No 57, Sch 1.2 [1] [2]. |
Sec 49 | Am 2005 No 73, Sch 1 [54]–[59]. |
Sec 51 | Am 2005 No 73, Sch 1 [60]; 2009 No 49, Sch 2.13 [1] [3]. |
Sec 51A | Ins 2005 No 73, Sch 1 [61]. Am 2009 No 49, Sch 2.13 [1]. |
Sec 52 | Am 2005 No 73, Sch 1 [62] [63]; 2009 No 49, Sch 2.13 [1] [3] [4]. |
Sec 53 | Am 2005 No 73, Sch 1 [64] [65]; 2009 No 49, Sch 2.13 [1]. |
Sec 54 | Am 2005 No 73, Sch 1 [66]–[68]. |
Sec 56 | Rep 2005 No 73, Sch 1 [69]. |
Sec 57 | Am 2005 No 73, Sch 1 [70] [71]; 2009 No 49, Sch 2.13 [1] [2] [5]. |
Sec 62 | Am 2005 No 73, Sch 1 [72]. |
Sec 66 | Am 2022 No 55, Sch 1[15]. |
Sec 67A | Ins 2022 No 55, Sch 1[16]. |
Sec 67B | Ins 2022 No 55, Sch 1[16]. |
Sec 67C | Ins 2022 No 55, Sch 1[16]. |
Sec 69 | Am 2005 No 73, Sch 1 [73]; 2009 No 99, Sch 4.1. |
Sec 70 | Am 2005 No 98, Sch 3.11. |
Sec 71A | Ins 2022 No 55, Sch 1[17]. |
Sec 71B | Ins 2022 No 55, Sch 1[17]. |
Sec 71C | Ins 2022 No 55, Sch 1[17]. |
Sec 72 | Am 2005 No 73, Sch 1 [74]; 2009 No 99, Sch 4.1. Subst 2022 No 55, Sch 1[17]. |
Part 5, Div 1 (sec 73) | Rep 2005 No 73, Sch 1 [75]. |
Part 5, Div 2, heading | Rep 2005 No 73, Sch 1 [76]. |
Sec 74 | Am 2001 No 121, Sch 2.56 [3]; 2005 No 73, Sch 1 [77]–[79]; 2007 No 94, Schs 2 (am 2008 No 107, Sch 21 [2] [4]), 3; 2008 No 107, Sch 4 [2] [3]. |
Sec 77 | Am 2005 No 73, Sch 1 [80]–[82]. |
Sec 78A | Ins 2005 No 73, Sch 1 [83]. |
Sec 79 | Am 2005 No 73, Sch 1 [84]. |
Sec 80 | Am 2005 No 73, Sch 1 [85] [86]. |
Sec 81 | Am 2005 No 73, Sch 1 [87] [88]. |
Sec 82 | Am 2005 No 73, Sch 1 [89] [90]. |
Sec 83 | Am 2009 No 49, Sch 2.13 [1]; 2010 No 57, Sch 1.2 [3] [4]; 2017 No 40, Sch 1.3 [4]. |
Sec 84 | Am 2009 No 49, Sch 2.13 [1]. |
Sec 85 | Am 2005 No 73, Sch 1 [91]–[95]. |
Sec 87 | Am 2005 No 73, Sch 1 [96]; 2007 No 56, Sch 3 [1] [2]; 2007 No 94, Schs 2, 3; 2009 No 106, Sch 4.8 [1] [2]. |
Sec 88A | Ins 1996 No 29, Sch 2 (3). Subst 2016 No 61, Sch 6.4 [3]. |
Sec 89 | Am 2005 No 73, Sch 1 [97] [98]. |
Sec 90 | Am 2005 No 73, Sch 1 [99]–[103]. |
Sec 91 | Am 2005 No 73, Sch 1 [104] [105]; 2022 No 55, Sch 1[18]. |
Sec 92 | Am 1989 No 226, Sch 1. |
Sec 94 | Am 2001 No 121, Sch 2.56 [4]. |
Sec 97 | Ins 2022 No 55, Sch 1[19]. |
Sch 1 | Am 2002 No 130, Sch 3 [10]–[12]; 2005 No 73, Sch 1 [106]–[108]; 2008 No 107, Sch 4 [4]; 2009 No 92, Sch 2 [3]; 2016 No 16, Sch 1 [11]–[13]; 2017 No 40, Sch 1.3 [6]; 2022 No 55, Sch 1[20]. |
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