Criminal Assets Recovery Act 1990 (NSW)
Criminal Assets Recovery Amendment (Unexplained Wealth) Bill 2022 [Non-government Bill— the Hon Walt Secord MLC]
An Act to provide for the confiscation of interests in property that are interests of a person engaged in serious crime related activities; to enable proceeds of serious crime related activities to be recovered as a debt due to the Crown; and for other purposes.
This Act is the Criminal Assets Recovery Act 1990.
This Act commences on a day or days to be appointed by proclamation.
Day appointed for the purposes of this section: 3.8.1990—see Gazette No 97 of 3.8.1990, p 7096.
This Act is repealed 6 years after the day, or the earlier or earliest of the days, appointed under subsection (1) unless either House of Parliament earlier resolves to the contrary.
Resolution passed in Legislative Assembly on 19.6.1996 that the Act is not to be repealed in accordance with section 2 (2) of the Act.
The principal objects of this Act are—
(a) to provide for the confiscation, without requiring a conviction, of property of a person if the Supreme Court finds it to be more probable than not that the person has engaged in serious crime related activities, and
(a1) to enable the current and past wealth of a person to be recovered as a debt due to the Crown if the Supreme Court finds there is a reasonable suspicion of one or more of the following, unless the person can establish the wealth was lawfully acquired—
(i) the person has engaged in a serious crime related activity,
(ii) the person has acquired proceeds from the serious crime related activity of another person,
(iii) the person’s current or previous wealth significantly exceeds the value of the person’s lawfully acquired wealth, and
(b) to enable the proceeds of illegal activities of a person to be recovered as a debt due to the Crown if the Supreme Court finds it more probable than not the person has engaged in any serious crime related activity in the previous 6 years or acquired proceeds of the illegal activities of such a person, and
(b1) to provide for the confiscation, without requiring a conviction, of property of a person that is illegally acquired property held in a false name or is not declared in confiscation proceedings, and
(c) to enable law enforcement authorities effectively to identify and recover property.
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 Commissioner for the New South Wales Crime Commission, or
(a1) an Assistant Commissioner for the New South Wales Crime Commission, or
(b) a member of the Police Force, or
(c) a person authorised in writing by the Commission, either generally or in a special case, to act as an authorised officer for the purposes of the provision in which the expression occurs.
(a) all interests in property of the person,
(b) all interests in property subject to the effective control of the person,
(c) all interests in property that the person has expended, consumed or otherwise disposed of, whether by gift, sale or otherwise,
(d) a service, advantage or benefit provided for the person or, at the person’s request or direction, to another person.
(a) if the interest is a debt—making a payment to any person in reduction of the amount of the debt, and
(b) removing the property in which the interest is held from New South Wales, and
(c) receiving or making a gift of the interest, and
(d) vesting the interest in a person in the course of administering the estate of a deceased person.
(a) a spouse or a de facto partner of the person, or
(b) a child, or a member of the household, of the person, dependent for support on the person.
(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 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) except as provided by subsection (4), any person in accordance with whose directions or instructions the directors of the institution or corporation are accustomed to act.
(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 serious crime related activity, or
(b) an act or omission that constitutes an offence (including a common law offence) against the laws of New South Wales or the Commonwealth, or
(c) an act or omission that occurs outside New South Wales, is an offence against the law of the place where it occurs and is of a kind that, if it had occurred in New South Wales, would have been an offence referred to in paragraph (b).
(a) by the person engaged in the activity, or
(b) by another person if the person engaged in the activity—
(i) intended for the other person to derive or realise (whether directly or indirectly) the interest, service, advantage or benefit, or
(ii) knew, or ought reasonably to have known, that the other person would be likely to derive or realise (whether directly or indirectly) the interest, service, advantage or benefit.
(a) an interest in property of a person who might reasonably be suspected of engaging in a serious crime related activity,
(b) a document necessary for the transfer of an interest in property of a person who might reasonably be suspected of engaging in a serious crime related activity,
(c) an interest in property that might reasonably be suspected of being an interest that is serious crime derived property,
(d) a document necessary for the transfer of an interest in property that might be reasonably suspected of being an interest that is serious crime derived property,
(e) the current or previous wealth of a person that might reasonably be suspected of being unexplained wealth.
(a) illegally acquired property, or
(b) the proceeds of an illegal activity.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
A reference in this Act to acquiring an interest in property for sufficient consideration is a reference to acquiring the interest for a consideration that, having regard solely to commercial considerations, reflects the value of the interest.
A reference in this Act to a transaction of any kind (including sale, disposition, dealing and acquisition) includes a reference to a transaction outside New South Wales.
For the purposes of this Act, a person is not to be regarded as being a director of a financial institution or corporation within the meaning of paragraph (c) of the definition of
If an expression used in this Act would ordinarily impose a duty, it is not to be construed in a particular case or particular cases as conferring a discretion.
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.
Notes included in this Act are explanatory notes and do not form part of this Act.
For the purposes of this Act, proceedings on an application for a restraining order or a confiscation order are not criminal proceedings.
Except in relation to an offence under this Act—
(a) the rules of construction applicable only in relation to the criminal law do not apply in the interpretation of the provisions of this Act, and
(b) the rules of evidence applicable in civil proceedings apply, and those applicable only in criminal proceedings do not apply, to proceedings under this Act.
In this Act, a reference to a serious crime related activity of a person is a reference to anything done by the person that was at the time a serious criminal offence, whether or not the person has been charged with the offence or, if charged—
(a) has been tried, or
(b) has been tried and acquitted, or
(c) has been convicted (even if the conviction has been quashed or set aside).
In this section—
(a) section 23—offences relating to prohibited plants,
(b) section 23A—offences relating to enhanced indoor cultivation of prohibited plants in the presence of children,
(c) section 24—offences relating to the manufacture and production of prohibited drugs,
(d) section 24A—offences relating to the possession of precursors for the manufacture or production of prohibited drugs,
(e) section 25—offences relating to the supply of prohibited drugs,
(f) section 25A—offence of supplying prohibited drugs on an ongoing basis.
(a) the following offences referred to in the Poisons and Therapeutic Goods Act 1966, section 45A, immediately before its repeal—
(i) the offence of supplying a drug of addiction or prohibited drug,
(ii) the offence of cultivating, supplying or possessing a prohibited plant,
(iii) the offence of permitting premises, as owner, occupier or lessee of the premises, to be used for the purpose of the cultivation or supply of a prohibited plant or of being concerned in the management of the premises,
(b) a drug trafficking offence,
(c) a prescribed indictable offence, or an indictable offence of a prescribed kind, that is of a similar nature to a drug trafficking offence, including in either case an offence under a law of the Commonwealth, another State or a Territory,
(d) an offence punishable by imprisonment for 5 years or more involving theft, fraud, obtaining financial benefit from the crime of another person, money laundering, extortion, violence, bribery, corruption, harbouring criminals, blackmail, obtaining or offering a secret commission, perverting the course of justice, tax or revenue evasion, illegal gambling, forgery or homicide,
(e) an offence under the Firearms Act 1996, section 50A, 51, 51B, 51BA or 51BB,
(f) a second or subsequent offence under the Drug Misuse and Trafficking Act 1985, section 36Y,
(g) an offence under the following provisions of the Crimes Act 1900—
(i) section 80D or 80E,
(ii) Part 3, Division 15 or 15A, other than section 91D(1)(b),
(iii) section 93T or 93TA,
(iv) section 197, to the extent the offence involves the destruction of or damage to property having a value of more than $500,
(v) section 308C, to the extent the offence involves the intention of committing an offence referred to in this paragraph or paragraphs (a)–(f),
(vi) section 308D or 308E,
(h) an offence under the law of the Commonwealth or a place outside this State, including outside Australia, that, if the offence had been committed in this State, would be an offence referred to in paragraphs (a)–(g),
(i) an offence of attempting to commit, or of conspiracy or incitement to commit, or of aiding or abetting, an offence referred to in paragraphs (a)–(h).
(Repealed)
In this Act, a reference to an interest of a person in property is a reference to—
(a) an interest the person has in real or personal property, or
(b) a chose in action enforceable at the suit of the person, or
(c) an interest of the person that is within a class of interests prescribed as interests in property for the purposes of this Act.
Without limiting the generality of subsection (1), a reference in this Act to an interest of a person in property includes a reference to—
(a) the person’s money, and
(b) an interest that the person has in the goodwill of a business, and
(c) an interest that the person has in a licence required to be held in order to carry on a business.
A reference in this Act to an interest of a person in property includes a reference to an interest of a person in property situated outside New South Wales (including outside Australia).
For the purposes of this Act, if—
(a) but for this subsection, a person would have an interest in property as provided by subsection (1), and
(b) the interest is subject to the effective control of another person,
the interest is an interest of the person who has effective control and is not an interest of the person referred to in paragraph (a).
In this section—
(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.
An interest in property may be subject to the effective control of a person within the meaning of this Act even if—
(a) the person does not have a legal or equitable estate or interest in the property, or
(b) the person has no direct or indirect right, power or privilege in connection with the interest.
In determining whether or not an interest in property is subject to the effective control of a person, regard may be had to any relevant matter, including (without being limited to) the following matters—
(a) shareholdings in, debentures of, or directorships of, a company that has the interest,
(b) a trust that has a relationship to the interest,
(c) family, domestic, business and other relationships between that person and other persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b).
An interest in property is serious crime derived property if—
(a) it is all or part of the proceeds of a serious crime related activity, or
(b) it is all or part of the proceeds of the disposal of or other dealing in serious crime derived property, or
(c) it was wholly or partly acquired using serious crime derived property.
The references in subsection (1) (b) and (c) to serious crime derived property are not limited to serious crime derived property described in subsection (1) (a) but also include interests in property that are serious crime derived property because of a previous operation or previous operations of subsection (1) (b) or (c) or their combined operation.
Without limiting subsection (1), an interest in property is taken to be wholly or partly acquired using serious crime derived property if it is, or has been, subject to a mortgage, lien, charge, security or other encumbrance wholly or partly discharged using all or part of the proceeds of a serious crime related activity or serious crime derived property.
Once an interest in property becomes serious crime derived property it remains serious crime derived property even if the interest is disposed of or otherwise dealt with (including by being used to acquire an interest in property), but this is qualified by subsection (5).
The meaning of
An interest in property ceases to be serious crime derived property or illegally acquired property—
(a) when it is acquired by a person for sufficient consideration without knowing, and in circumstances that would not arouse a reasonable suspicion, that the interest was, at the time of acquisition, serious crime derived property or illegally acquired property, or
(b) when it vests in a person as a result of the distribution of the estate of a deceased person, or
(c) when the interest is sold or otherwise disposed of under the authority of this Act (including when discharging a proceeds assessment order or unexplained wealth order), or
(d) when it is the proceeds of the sale or other disposition of serious crime derived property or illegally acquired property under the authority of this Act, except if—
(i) the sale or other disposition is pursuant to an order of the Supreme Court under this Act and the order does not expressly provide for the property to cease to be serious crime derived property or illegally acquired property on its sale or disposition, or
(ii) the sale or other disposition is under section 10B (4) (b) or 14, or
(e) when it is acquired by a person as payment of reasonable legal expenses incurred in connection with an application under this Act or incurred in defending a criminal charge, or
(f) in such other circumstances as may be prescribed.
If an interest in property that is not serious crime derived property or illegally acquired property was once owned by a person and was then serious crime derived property or illegally acquired property, the property becomes serious crime derived property or illegally acquired property, respectively, if and when it is again acquired by the person.
The proceeds of a sale or other dealing do not lose their identity as such merely as a result of being credited to an account.
It does not matter whether the serious crime related activity, illegal activity, disposition or other dealing or acquisition by reason of which an interest in property becomes serious crime derived property or illegally acquired property took place before or after the commencement of this section.
The following are examples of the practical operation of this section showing the ways in which an interest in property can become serious crime derived property and stop being serious crime derived property—
(a) if money that is the proceeds of a serious crime related activity is used to buy land, the land becomes serious crime derived property and the money used (which is now in the hands of some other person) continues to be serious crime derived property,
(b) if the land is then sold it continues to be serious crime derived property and the money paid for it becomes serious crime derived property,
(c) if the money paid for the land is then used to buy a car, the car becomes serious crime derived property and the money used to buy it (now in the hands of the car’s former owner) continues to be serious crime derived property unless the purchase was for sufficient consideration from an innocent person.
An interest in property is fraudulently acquired property if the interest is held in a false name and any of the following was knowingly used for the purposes of acquiring, or dealing with, that property—
(a) a false instrument (including a birth certificate or other identity document) or signature,
(b) a birth certificate or other identity document of another person.
In this section—
In this Act, a reference to serious crime use property is a reference to property that was used in, or in connection with, a serious crime related activity.
In this Act, an interest in property is an available interest relating to serious crime use property if—
(a) the interest is an interest of a person who has engaged in serious crime related activity (the
offender ), and(b) the offender’s activity resulted in the property, or any other property, becoming serious crime use property for the purposes of this Act, and
(c) the property is either the serious crime use property or, if that property is not available for forfeiture as referred to in subsection (3), any other property that is the subject of a substituted serious crime use property declaration.
Serious crime use property is not available for forfeiture if—
(a) the offender does not own, and does not have effective control of, the property, or
(b) the property has been sold or otherwise disposed of or cannot be found for any other reason.
A
The Commission may apply to the Supreme Court, ex parte, for a restraining order in respect of specified interests, a specified class of interests, or all the interests, in property of any person (including interests acquired after the making of the order).
The Commission may apply to the Supreme Court, ex parte, for a restraining order in respect of specified interests, or a specified class of interests, in property that are held in a false name.
The Commission may only apply for a restraining order that relates to interests in property derived from external serious crime related activity if the person who has the interests is domiciled in New South Wales or the property is situated in New South Wales.
Despite the application for a restraining order being made ex parte, the Supreme Court may, if it thinks fit, require the Commission to give notice of the application to a person who the Court has reason to believe has a sufficient interest in the application. A person who is required to be notified is entitled to appear and adduce evidence at the hearing of the application.
The Supreme Court must make a restraining order if the application for the order is supported by an affidavit of an authorised officer stating that—
(a) in the case of an application in respect of an interest referred to in subsection (1)—the authorised officer suspects that—
(i) the person whose interest is the subject of the application has engaged in a serious crime related activity or serious crime related activities, or
(ii) the person whose interest is the subject of the application has acquired serious crime derived property because of any such activity of the person or of another person, or
(iii) the interest is serious crime derived property, or
(iv) the person has not disclosed an interest in property in evidence or a warranty or other representation given or made by the person in proceedings relating to an application for an assets forfeiture order, proceeds assessment order or unexplained wealth order, or examination proceedings under this Act, and the interest to which the application relates is capable of being the subject of an order under section 31A or 31B because of that non-disclosure, or
(v) the person’s unexplained wealth is at least—
(A) for unexplained wealth that is money—$250,000, or
(B) otherwise—$2,000,000,
and stating the grounds on which that suspicion is based, and
(b) (Repealed)
(c) in the case of an application in respect of an interest referred to in subsection (2)—the authorised officer suspects that the interest is fraudulently acquired property that is illegally acquired property and stating the grounds on which that suspicion is based,
and the Court considers that, having regard to the matters contained in any such affidavit and any evidence adduced under subsection (4), there are reasonable grounds for any such suspicion.
The Supreme Court may grant an application under this section for a restraining order for interests in property derived from external serious crime related activity only if the application is supported by an affidavit of an authorised officer stating that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside this State (including outside Australia) against any interests in property of the person concerned that are the subject of the application as a result of the external serious crime related activity.
The Supreme Court may refuse to make a restraining order if the State refuses or fails to give to the Court such undertakings as the Court considers appropriate as to the payment of damages or costs, or both, in relation to the making and operation of the order.
For the purposes of an application for a restraining order, the Commission may, on behalf of the State, give to the Supreme Court such undertakings as to the payment of damages or costs, or both, as the Court requires.
An authorised officer may, on behalf of the Commission, apply for a restraining order by telephone, radio, facsimile, email or other means of communication if the application is supported by a statement of the officer that—
(a) the order is required urgently as there is a risk that funds in a specified financial institution (being an interest in property in respect of which the order is sought) may be withdrawn or transferred to a place outside New South Wales (including outside Australia), and
(b) it is not practicable for the authorised officer to appear in person.
If it is not possible for the application to be made directly to the Supreme Court by the applicant, the application may be transmitted to the Supreme Court by another person on behalf of the applicant.
A restraining order does not apply to an interest in property acquired after the order is made unless the order expressly provides that it does so apply.
The Supreme Court may, when it makes a restraining order (or during the time that it is in force) and if it considers that the circumstances so require, order the NSW Trustee and Guardian to take control of some or all of the interests in property that are interests to which the restraining order applies.
A restraining order may, at the time it is made or a later time, provide for meeting out of the property, or a specified part of the property, to which the order applies all or any of the following—
(a) the reasonable living expenses of any person whose interests in property are subject to the restraining order (including the reasonable living expenses of any dependants),
(b) subject to section 16A, the reasonable legal expenses of any person whose interests in property are subject to the restraining order, being expenses incurred in connection with the application for the restraining order or an application for a confiscation order, or incurred in defending a criminal charge.
The Supreme Court may direct the NSW Trustee and Guardian to pay legal expenses with respect to which provision is made under this section in stages out of some or all of the property to which the restraining order applies that is under the control of the NSW Trustee and Guardian if the Supreme Court—
(a) is satisfied (by a bill of costs in assessable form or other evidence acceptable to the Supreme Court) that the reasonable legal expenses incurred at the time the direction is made exceed the amount prescribed by the regulations and that further expenses will be incurred, and
(b) it considers the circumstances so require.
Before making a direction under subsection (3A), the Supreme Court may refer the matter to a costs assessor (within the meaning of Part 7 of the Legal Profession Uniform Law Application Act 2014) for inquiry and report.
For the purpose of enabling the NSW Trustee and Guardian to comply with a direction under subsection (3A), the Supreme Court may order it to sell or otherwise dispose of any interest in the property concerned.
A restraining order that is in force in respect of an interest of a person in property does not prevent—
(a) the levying or execution against the property in satisfaction, or partial satisfaction, of the debt arising under a proceeds assessment order or unexplained wealth order in force against the person, or
(b) with the consent of the Supreme Court, the sale or other disposition of the interest to enable the proceeds to be applied in satisfaction or partial satisfaction of that debt, or
(c) with the consent of the Supreme Court, the application of the interest in satisfaction or partial satisfaction of that debt.
The Supreme Court may, on the application of a person whose interest in property is affected by a restraining order, set aside the order on any of the following grounds—
(a) that, having regard to the affidavit supporting the restraining order application and any other evidence adduced, the Commission has failed to satisfy the Court that there are reasonable grounds for the relevant suspicion referred to in section 10A (5),
(b) that the applicant has established that the order was obtained illegally or against good faith.
An application under this section by a person is to be made not later than 28 days after the person is notified of the order or may be made at any time with the leave of the Supreme Court.
If an application is made under this section, the restraining order concerned remains in force unless and until an order is made by the Supreme Court to set aside the order.
A person who applies for an order is entitled to adduce evidence at the application.
After the first 2 working days of its operation, a restraining order remains in force in respect of an interest in property only while—
(a) there is an application for an assets forfeiture order pending before the Supreme Court in respect of the interest, or
(b) there is an unsatisfied proceeds assessment order or unexplained wealth order in force against the person whose suspected serious crime related activities, value of unexplained wealth or acquisition of serious crime derived property formed the basis of the restraining order, or
(c) there is an application for such a proceeds assessment order or unexplained wealth order pending before the Supreme Court, or
(d) it is the subject of an order of the Supreme Court under section 20, or
(e) there is an application for an order under section 31A in respect of the interest pending before the Supreme Court, or
(f) there is an unsatisfied order under section 31B in force against the person whose non-disclosure formed the basis of the restraining order or there is an application for such an order pending before the Supreme Court.
A restraining order ceases to be in force if it is set aside under section 10C.
If the Supreme Court makes a restraining order, the Commission must give notice of the order and of any variation of the order to—
(a) the Director of Public Prosecutions, and
(b) the Commissioner of Police.
If—
(a) a restraining order is made in respect of an interest in property of a person, and
(b) the person was not notified of the application for the making of the restraining order,
notice of the making or variation of the order is to be given by the Commission to the person.
A restraining order does not cease to be in force just because proper efforts to give notice of its making have been unsuccessful.
The Supreme Court may, when it makes a restraining order or at any later time, make any ancillary orders (whether or not affecting a person whose interests in property are subject to the restraining order) that the Court considers appropriate and, without limiting the generality of this, the Court may make any one or more of the following orders—
(a) an order varying the interests in property to which the restraining order relates,
(b) an order for the examination on oath of—
(i) the owner of an interest in property that is subject to the restraining order, or
(ii) another person,
before the Court, or before an officer of the Court prescribed by rules of court, concerning the affairs of the owner, including the nature and location of any property in which the owner has an interest,
(b1) an order for the examination on oath of a person who is the spouse or a de facto partner of the owner of an interest in property that is subject to the restraining order, before the Court or before an officer of the Court prescribed by the rules of court, concerning the affairs of the person, including the nature and location of any property in which the person or that owner has an interest,
(c) an order with respect to the carrying out of any undertaking with respect to the payment of damages or costs given on behalf of the State in connection with the making of the restraining order,
(c1) an order directing a person who is or was the owner of an interest in property that is subject to the restraining order or, if the owner is or was a body corporate, a director of the body corporate specified by the Court, to furnish to the Commission or NSW Trustee and Guardian, within a period specified in the order, a statement, verified by the oath of the person making the statement, setting out such particulars of the property, or dealings with the property, in which the owner has or had an interest as the Court thinks proper,
(d) if the restraining order requires the NSW Trustee and Guardian to take control of an interest in property—
(i) an order regulating the manner in which the NSW Trustee and Guardian may exercise functions under the restraining order, or
(ii) an order determining any question relating to the interest, including any question affecting the liabilities of the owner of the interest or the functions of the NSW Trustee and Guardian, or
(iii) (Repealed)
(e) an order requiring or authorising the seizure or taking possession of property.
“De facto partner” is defined in section 21C of the Interpretation Act 1987.
An order under subsection (1) may be made on application—
(a) by the Commission, or
(b) by the owner, or
(c) if the restraining order directed the NSW Trustee and Guardian to take control of an interest in property—by the NSW Trustee and Guardian, or
(d) with the leave of the Supreme Court—by any other person.
The applicant for an order under subsection (1) must give notice of the order—
(a) if the applicant is a person referred to in subsection (2) (a), (b) or (c)—to the other persons referred to in those paragraphs, or
(b) if the applicant is a person referred to in subsection (2) (d)—to the persons referred to in subsection (2) (a)–(c).
A person being examined under section 12 is not excused from answering any question, or from producing any document or other thing, on the ground that—
(a) (Repealed)
(b) production of the document would be in breach of an obligation (whether imposed by an enactment or otherwise) of the person not to disclose the existence or contents of the document, or
(c) the answer or production would disclose information that is the subject of legal professional privilege.
A statement or disclosure made by a person in answer to a question put in the course of an examination under section 12, or any document or other thing obtained as a consequence of the statement or disclosure, is not admissible against the person in any civil or criminal proceedings except proceedings that comprise—
(a) proceedings in respect of the false or misleading nature of a statement or disclosure made under this Act, or
(b) proceedings on an application under this Act, or
(c) proceedings ancillary to an application under this Act, or
(d) proceedings for enforcement of a confiscation order, or
(e) in the case of a document or other thing—civil proceedings for or in respect of a right or liability it confers or imposes.
(Repealed)
A person being examined under section 12 is not excused from answering any question, or from producing any document or other thing, on the ground that the answer or production might incriminate, or tend to incriminate, the person or make the person liable to forfeiture or penalty.
However, any answer given or document produced by a natural person being examined under section 12 is not admissible in criminal proceedings (except proceedings for an offence under this Act or the regulations) if—
(a) the person objected at the time of answering the question or producing the document on the ground that the answer or document might incriminate the person, or
(b) the person was not advised that the person might object on the ground that the answer or document might incriminate the person.
Further information obtained as a result of an answer being given or the production of a document in an examination under section 12 is not inadmissible in criminal proceedings on the ground—
(a) that the answer had to be given or the document had to be produced, or
(b) that the answer given or document produced might incriminate the person.
A person directed by an order under section 12 to furnish a statement to the NSW Trustee and Guardian or the Commission is not excused from—
(a) furnishing the statement, or
(b) setting out particulars in the statement,
on the ground that the statement or particulars might incriminate, or tend to incriminate, the person or make the person liable to forfeiture or penalty.
If a person furnishes a statement to the NSW Trustee and Guardian or the Commission in accordance with an order under section 12, the statement is not admissible against the person in any criminal proceedings except proceedings in respect of the false or misleading nature of the statement.
If an application is made for a confiscation order and a restraining order is in force, the Supreme Court may, when the application is made or at a later time, make an order directing the NSW Trustee and Guardian to sell an interest in property that is subject to the restraining order if—
(a) the property is subject to waste or substantial loss of value, or
(b) in the opinion of the NSW Trustee and Guardian, the cost of controlling the interest would exceed the value of the interest if the restraining order were made.
Notice of an application for an order under this section must be given to the owner of the interest in property to which the application relates.
The proceeds of the sale under subsection (1) of an interest in property are subject to the restraining order to which the interest was subject.
If a restraining order applies to an interest in 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, an interest in or a charge over, property of that kind, the authority responsible for administering those provisions must, on application by the Commission, record in the register kept under those provisions the particulars of the restraining order.
If the particulars of a restraining order are so recorded, a person who subsequently deals with or attempts to deal with the property is, for the purposes of section 16, to be taken to have had notice of the restraining order.
If a restraining order applies to an interest in land under the provisions of the Real Property Act 1900, a caveat may be lodged under that Act in relation to the order.
If a restraining order recorded under this section ceases to have effect in relation to an interest in property in respect of which it was made, the Commission must—
(a) apply for cancellation of the recording, and
(b) withdraw any caveat lodged in relation to the order.
A person who contravenes a restraining order, or any ancillary order under section 12, by disposing of or attempting to dispose of, or by otherwise dealing with or attempting to otherwise deal with, an interest in property that is an interest subject to the restraining order is guilty of an offence and punishable, on conviction, by a fine equivalent to the value of the interest (as determined by the Supreme Court) or by imprisonment for a period not exceeding 2 years, or both, unless it is proved that the person had no notice that the interest was subject to the restraining order and no reason to suspect that it was.
Subsection (1) does not prevent a person from being dealt with for a contempt of the Supreme Court, but a person may not, for the same contravention of a restraining order, be punished both for a contempt of the Court and under subsection (1).
If—
(a) a restraining order is made against an interest in property, and
(b) the interest is disposed of, or otherwise dealt with, in contravention of the restraining order, and
(c) the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith,
the disposition or dealing is void.
It is not a contravention of a restraining order to dispose of or attempt to dispose of, or to otherwise deal with or attempt to otherwise deal with, an interest in property under the authority of this Act.
The following restrictions apply to a restraining order making provision for the payment of any legal expenses of a person—
(a) no provision is to be made except to the extent (if any) that the Supreme Court is satisfied that the person cannot meet the expenses concerned out of the person’s unrestrained property,
(b) no provision is to be made in relation to any particular interest in property if the Supreme Court is satisfied that the interest is illegally acquired property,
(b1) no provision is to be made in relation to any particular interest in property if the Supreme Court is satisfied that the interest is an available interest relating to serious crime use property or the interest is the subject of an application for a substituted serious crime use property declaration,
(c) no provision is to be made unless a Statement of Affairs disclosing all the person’s interests in property and liabilities and verified on oath by the person has been filed with the Supreme Court,
(d) no provision is to be made unless the Supreme Court is satisfied that the person has taken all reasonable steps to bring all of the person’s interests in property within the jurisdiction of the Court,
(e) any such provision must specify the particular interest in property out of which the expenses concerned may be met.
This section does not apply to or in respect of a provision of a restraining order made under section 10B (3) (b), with the consent of each person whose interests in property are subject to the restraining order, that is in the terms of an agreement negotiated between a person whose interests are subject to the restraining order and the Commission.
A person’s
(a) that is not subject to a restraining order under this Act, or
(b) that the Supreme Court is satisfied is not within the Court’s jurisdiction (whether or not it is subject to a restraining order under this Act), or
(c) that the Supreme Court is satisfied would not be available to satisfy a proceeds assessment order or unexplained wealth order against the person (assuming such an order were to be made against the person).
Despite provision in a restraining order for the meeting of legal expenses out of any property to which the order applies, a legal expense is not to be met out of that property to the extent that the amount payable for any legal service concerned exceeds any maximum allowable cost for the service that is fixed under this section.
For the purposes of this Act, the regulations may fix maximum allowable costs for legal services provided in connection with an application for a restraining order or confiscation order or the defending of a criminal charge.
Regulations under this section can fix costs by applying, adopting or incorporating, with or without modification, the provisions of any Act or any instrument made under an Act (for example, regulations under the Legal Profession Uniform Law Application Act 2014) or of any other publication, whether of the same or a different kind, as in force on a particular day or as in force for the time being.
This section operates only to limit the amount of the legal expenses that are authorised to be met out of property that is subject to a restraining order and does not limit or otherwise affect any entitlement of an Australian legal practitioner to be paid or to recover for a legal service any amount that exceeds any applicable maximum.
If a restraining order makes provision for meeting a person’s reasonable legal expenses—
(a) the Commission, or
(b) the NSW Trustee and Guardian if the order provides for the NSW Trustee and Guardian to take control of an interest in the property,
may apply to the Supreme Court for an order under this section.
The NSW Trustee and Guardian or the Commission must give to the person notice of an application under this section.
On an application under this section, the Court must order that the expenses be taxed as provided in the order.
After an application is made for an order under this section, the NSW Trustee and Guardian need not, except as ordered by the Court, take any steps for the purpose of meeting the expenses as provided by the restraining order unless and until—
(a) an order under this section in relation to the expenses is complied with, or
(b) the application, and any appeal arising out of it, are finally determined, or otherwise disposed of, otherwise than by the making of such an order.
(Repealed)
If, while a restraining order is in force, the Supreme Court does not make an assets forfeiture order or an order under section 31A in respect of interests in property to which the restraining order relates or a proceeds assessment order, an unexplained wealth order or an order under section 31B in respect of any person whose interests in property are affected by the restraining order, the Court may—
(a) if it considers it appropriate, make an order in relation to the period for which the restraining order is to remain in force, and
(b) make such other order or orders as it considers appropriate in relation to the operation of the restraining order.
An order under subsection (1) may be made to take effect—
(a) forthwith, or
(b) at a specified time, or
(c) on the happening of a specified event.
(Repealed)
In this Division—
(a) a period of 60 days after the publication of the notice, or
(b) a longer period specified in the notice by the Commission.
(a) property seized or otherwise in the possession of an investigative agency, or held on behalf of an investigative agency, in connection with an investigation carried out by the investigative agency or another investigative agency, and
(b) does not include real property.
The Minister must review this Division to determine whether—
(a) the policy objectives of the provisions remain valid, and
(b) the terms of the provisions remain appropriate for securing those objectives.
The review must be undertaken as soon as possible after the period of 3 years from the commencement of this Division.
A report on the outcome of the review must be tabled in each House of Parliament within 12 months after the end of the period of 3 years.
The Commission may issue a notice of intention to forfeit property (an
(a) an interest in property of a person suspected of engaging in serious crime related activity, whether or not a particular person is suspected of engaging in the serious crime related activity,
(b) an interest in property suspected of being serious crime derived property because of serious crime related activity,
(c) an interest in property held in a false name and suspected to be fraudulently acquired property that is illegally acquired property,
(d) an interest in property suspected of being—
(i) an available interest relating to serious crime use property, or
(ii) an interest capable of being the subject of a substituted serious crime use property declaration in relation to the serious crime related activity concerned.
The Commission must give the notice—
(a) to each person the Commission knows or reasonably suspects has a beneficial interest in the property, and
(b) in accordance with the regulations.
The notice must include the following information—
(a) a description of the property,
(b) the grounds on which the property is held by the relevant investigative agency, including the details of the seizure,
(c) the grounds on which the Commission has issued the notice,
(d) information about how to dispute the forfeiture, including the dispute period.
The notice must be published, as soon as practicable after the notice is issued—
(a) in the Gazette, and
(b) in a daily newspaper circulating throughout New South Wales, and
(c) in the way approved by the Commission.
In this section—
The Commission must, as soon as practicable after issuing an assets forfeiture notice in relation to property, give written notice to—
(a) the investigative agency in possession of the property, and
(b) if the property is being held by another person on behalf of the investigative agency—the other person.
The notice must direct the investigative agency or the other person—
(a) to continue to hold the property, or
(b) to transfer the property to the NSW Trustee and Guardian.
A notice directing the investigative agency or other person to hold the property has the effect of authorising the agency or other person to hold the property until—
(a) the forfeiture occurs, or
(b) the property is required to be returned under this Division.
If the Commission directs the investigative agency or other person to transfer the property to the NSW Trustee and Guardian, the Commission must, by written notice, direct the NSW Trustee and Guardian to take control of the property until—
(a) the forfeiture occurs, or
(b) the property is required to be returned under this Division.
The Commission may, during the dispute period of an assets forfeiture notice, direct the person or investigative agency in possession of the property to which the notice relates to sell an interest in the property if—
(a) the property is subject to waste or substantial loss of value, or
(b) in the opinion of the NSW Trustee and Guardian, the cost of controlling the interest during the dispute period would exceed the value of the interest, or
(c) the retention of the property would constitute a danger to—
(i) public health and safety, or
(ii) the health of other animals, plants or agricultural produce because the property is a live animal, or
(iii) public health because the property is perishable or a live animal.
The proceeds of the sale of an interest in the property must be held by the person or investigative agency until—
(a) the forfeiture occurs, or
(b) the property is required to be returned under this Division.
An assets forfeiture notice takes effect—
(a) immediately after the end of the dispute period, or
(b) if a dispute claim is made—on the day the dispute claim is finally dismissed and the right of appeal under section 21I is exhausted.
The Commission must, as soon as practicable after an assets forfeiture notice takes effect, give written notice of the forfeiture (a
(a) each person who was given a notice under section 21C, and
(b) a person who made a dispute claim in relation to the notice.
On an assets forfeiture notice taking effect in relation to an interest in property—
(a) the interest is forfeited to the Crown and vests in the NSW Trustee and Guardian on behalf of the Crown, and
(b) if the person forfeiting the interest was in, or entitled to, possession of the property—the NSW Trustee and Guardian may take possession of the property on behalf of the Crown.
An interest forfeited under this section must be disposed of by the NSW Trustee and Guardian in accordance with the directions of the Treasurer.
The proceeds must be—
(a) paid to the Treasurer, and
(b) credited to the Proceeds Account.
The Treasurer may delegate the power to give directions under this section.
A person may make a dispute claim in relation to an assets forfeiture notice during the dispute period of the notice.
The dispute claim must be made in writing to the Commission.
The dispute claim must include the following information—
(a) the name, date of birth and address of the person making the claim (the
claimant ),(b) the basis of the claim, including the following and evidence, if any, supporting the following—
(i) a description of the claimant’s interest in the property,
(ii) how the interest in the property was acquired,
(iii) why the interest in the property is not illegally acquired property,
(c) a statutory declaration supporting the information in the claim.
The Commission must assess a dispute claim in accordance with this section.
The Commission must—
(a) direct that the property or, if the interest in the property has been sold, the amount held under section 21E(2) be returned to the claimant if the Commission reasonably believes it is more probable than not that—
(i) the claimant has an interest in the property, and
(ii) the interest in the property is not illegally acquired property, or
(b) otherwise—dismiss the claim.
The Commission must give written notice to the claimant of the following—
(a) the outcome of the assessment,
(b) the reasons for the outcome,
(c) if the claim is dismissed—the way in which the claimant may appeal the dismissal.
A claimant may apply to the Supreme Court for the recovery of the claimant’s interest in property the subject of a dispute claim—
(a) made by the claimant, and
(b) dismissed by the Commission.
The appeal must be made within 60 days of the applicant receiving notice of the dismissal.
The Supreme Court may—
(a) make an order for the following—
(i) if the interest in the property has not been sold or otherwise disposed of—that ownership of the interest in the property vests in the claimant and the interest in the property must be returned to the claimant,
(ii) if the interest in the property has been sold or otherwise disposed of—that the Crown pay to the claimant the amount held under section 21E(2), or
(b) otherwise—dismiss the appeal.
The Supreme Court must not make an order under subsection (3)(a) unless the Court is satisfied it is more probable than not that—
(a) the claimant has an interest in the property, and
(b) the interest in the property is not illegally acquired property.
A person may, within 60 days after the issue of a final notice, apply to the Supreme Court for the recovery of the property to which the notice relates.
The Supreme Court may grant leave to make the application up to 6 months after the issue of the final notice.
The Supreme Court may—
(a) make an order for the following—
(i) if the interest in the property has not been sold or otherwise disposed of—that ownership of the interest in the property vests in the applicant and the interest in the property must be returned to the applicant,
(ii) 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
(b) otherwise—dismiss the appeal.
The Supreme Court must not make an order under subsection (3)(a) unless the Court is satisfied of the following—
(a) it is more probable than not that—
(i) the applicant has an interest in the property, and
(ii) the interest is not illegally acquired property,
(b) the applicant has a reasonable excuse for failing to make a dispute claim in accordance with this Division,
(c) the applicant commenced the application as soon as reasonably practicable.
A dependant of a person who will forfeit an interest in property under this Division may, within 60 days after the issue of the final notice in relation to the property, apply to the Supreme Court for an order under this section.
The Supreme Court may grant leave to make the application up to 6 months after the issue of the final notice.
If the Supreme Court is satisfied the forfeiture of the property will cause hardship to the dependant, the Court—
(a) may 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—may make ancillary orders for the purpose of ensuring the proper application of the amount.
The Court must not make an order under this section in favour of the dependant unless the Court is satisfied the dependant had no knowledge of serious crime related activities or illegal activities that formed the basis of the forfeiture.
Subsection (4) does not apply if the dependant is under 18 years of age.
The Commission may apply to the Supreme Court for an order forfeiting to, and vesting in, the Crown specified interests, a specified class of interests or all the interests, in property of a person (an
The application must specify that the interest in property is an interest in property of any one or more of the following kinds—
(a) an interest in property of a person suspected by an authorised officer, at the time of the application, of having engaged in a serious crime related activity or serious crime related activities,
(b) an interest in property suspected by an authorised officer, at the time of the application, of being serious crime derived property because of a serious crime related activity or serious crime related activities of a person,
(c) an interest in property held in a false name that is suspected by an authorised officer, at the time of the application, to be fraudulently acquired property that is illegally acquired property,
(d) an interest in property suspected by an authorised officer, at the time of the application, of being—
(i) an available interest relating to serious crime use property, or
(ii) an interest that is capable of being the subject of a substituted serious crime use property declaration in relation to the serious crime related activity concerned.
An assets forfeiture order may be made whether or not an application for a restraining order relating to the interests in property the subject of the application for the assets forfeiture order has been made or granted.
The Supreme Court must make an assets forfeiture order in respect of an interest in property referred to in subsection (1A) (a) or (b) if the Court finds it to be more probable than not that the person whose suspected serious crime related activity, or serious crime related activities, formed the basis of the application for the assets forfeiture order was, at any time not more than 6 years before the making of the application, engaged in—
(a) a serious crime related activity involving an indictable quantity, or
(b) a serious crime related activity involving an offence punishable by imprisonment for 5 years or more.
The Supreme Court must make an assets forfeiture order if the Court finds it more probable than not that interests in property subject to an application are fraudulently acquired property that is also illegally acquired property.
The Supreme Court must make an assets forfeiture order in respect of an interest in property if the Court finds it more probable than not that the interest is an available interest relating to serious crime use property.
A finding of the Court for the purposes of subsection (2) need not be based on a finding as to the commission of a particular offence or a finding as to any particular quantity involved, and can be based—
(a) on a finding that some offence or other constituting a serious crime related activity and punishable by imprisonment for 5 years or more was committed, or
(b) on a finding that some offence or other constituting a serious crime related activity was committed involving some quantity or other that was an indictable quantity.
A finding of the Supreme Court for the purposes of subsection (2A) need not be based on a particular finding as to the commission of a particular offence and can be based on a finding that some offence or other constituting illegal activity was committed.
When an assets forfeiture order is made it must be made so as to apply to specified interests in property.
The reference in subsection (2) to a period of 6 years includes a reference to a period that began before the commencement of this section.
The raising of a doubt as to whether a person engaged in a serious crime related activity or whether a quantity is an indictable quantity is not of itself sufficient to avoid a finding by the Supreme Court under subsection (2).
The raising of a doubt as to whether a person engaged in an illegal activity is not of itself sufficient to avoid a finding by the Supreme Court under subsection (2A) or (2B).
The quashing or setting aside of a conviction for a serious crime related activity or illegal activity does not affect the validity of an assets forfeiture order that was made before or after the conviction was quashed or set aside and was based on the activity.
The making of an assets forfeiture order does not prevent the making of a proceeds assessment order or unexplained wealth order under Division 2 which assesses the value of the proceeds of, or is based on, the serious crime related activity or illegal activity on which the assets forfeiture order was based.
Notice of an application under this section is to be given to a person to whom the application relates and the person may appear, and adduce evidence, at the hearing of the application.
The absence of a person entitled to be given notice of an application for an assets forfeiture order does not prevent the Court from making the order.
An application for an assets forfeiture order that relates to interests in property derived from external serious crime related activity may be made only if the person who has the interests is domiciled in New South Wales or the property is situated in New South Wales.
The Supreme Court may not make an assets forfeiture order on any such application unless it is satisfied that no action has been taken under a law of the Commonwealth or any place outside this State (including outside Australia) against any interests in property of the person concerned that are the subject of the application as a result of the external serious crime related activity.
For the purposes of subsection (2), an affidavit of an authorised officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside this State (including outside Australia) against any interests in property of the person concerned that are the subject of the application as a result of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.
The Commission may apply to the Supreme Court for a substituted serious crime use property declaration against a person.
A
Any such application may be made—
(a) in conjunction with an application for a restraining order or assets forfeiture order, or
(b) in proceedings under section 24, 25 or 26, or
(c) at any other time.
If the Commission applies for a substituted serious crime use property declaration in respect of an interest in property (or a combination of interests in properties) of a person—
(a) the Commission must give written notice of the application to the person and to any other person the Commission 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 Supreme Court may, at any time before the final determination of the application, direct the Commission 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 Supreme Court must make a substituted serious crime use property declaration against a person if the Court finds that it is more probable than not that—
(a) the person has engaged in serious crime related activity, and
(b) the activity has resulted in particular property becoming serious crime use property for the purposes of this Act, and
(c) the serious crime use property is not available for forfeiture as referred to in section 9B (3).
When making a substituted serious crime use property declaration against a person, the Supreme Court is to—
(a) assess the value of the serious crime use property and specify its value in the declaration, and
(b) specify an interest in property (or a combination of interests in properties) of the person that the Court considers to be available for forfeiture instead of the serious crime use property.
The value of the serious crime use property is to be assessed for the purposes of subsection (6) (a) by reference to its value at the time that the serious crime related activity concerned was engaged in.
An interest in property (or combination of interests in properties) 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 serious crime use property, and
(b) if it is practicable to do so, must be in relation to property of the same kind as the serious crime use property.
If the Supreme Court makes a substituted serious crime use property declaration, the interest in property (or combination of interests in properties) specified in the declaration as being available for forfeiture instead of serious crime use property is to be treated as an available interest relating to serious crime use property for the purposes of this Act (including in connection with the making of assets forfeiture orders) in relation to the serious crime related activity concerned.
On an assets forfeiture order taking effect in relation to an interest in property—
(a) the interest is forfeited to the Crown and vests in the NSW Trustee and Guardian on behalf of the Crown, and
(b) if the person forfeiting the interest was in possession, or was entitled to possession, of the property, the NSW Trustee and Guardian may take possession of the property on behalf of the Crown.
An interest forfeited under subsection (1) is to be disposed of by the NSW Trustee and Guardian in accordance with the directions of the Treasurer and the proceeds are to be paid to the Treasurer and credited to the Proceeds Account.
The Treasurer may delegate the power to give directions for the purposes of subsection (2).
The Supreme Court may, when it makes an assets forfeiture order or at any later time, make any ancillary orders that the Court considers appropriate. For example, the Court may make ancillary orders for and with respect to facilitating the transfer to the Crown of interests in property forfeited to the Crown under such an order.
A person must not dispose of or otherwise deal with an interest in property that is the subject of an assets forfeiture order.
A person who contravenes subsection (1) is guilty of an offence and punishable, on conviction, by a fine equivalent to the value of the interest concerned (as determined by the Supreme Court) or by imprisonment for a period not exceeding 2 years, or both, unless it is proved that the person had no notice that the interest was subject to the order concerned and no reason to suspect that it was.
This section does not prevent a person from being dealt with for a contempt of the Supreme Court, but a person may not, for the action, be punished both for a contempt of the Court and under this section.
If an interest in property is disposed of or otherwise dealt with in contravention of this section and the disposition or dealing was either not for sufficient consideration or not in favour of a person who acted in good faith, the disposition or dealing is void.
It is not a contravention of this section if an interest in property is disposed of or dealt with under the authority of this Act.
If the Supreme Court is satisfied that an assets forfeiture order will operate to cause hardship to any dependant of the person who will forfeit an interest in property under the order, the Court—
(a) may order that the dependant is entitled to be paid a specified amount out of the proceeds of sale of the interest, being an amount that the Court thinks is necessary to prevent hardship to the dependant, and
(b) may make ancillary orders for the purpose of ensuring the proper application of an amount so paid to a person who is under 18 years of age.
The Court is not to make an order under this section in favour of the dependant of a person whose serious crime related activity or illegal activity formed the basis for the assets forfeiture order concerned unless the Court is satisfied that the dependant had no knowledge of any serious crime related activities or illegal activities of the person.
An amendment made to this Act by the 2005 amending Act extends to serious crime related activities or illegal activities that took place before the commencement of that amendment.
This Act applies to fraudulently acquired property that was acquired before the commencement of section 9A (as inserted by the 2005 amending Act).
The amendments made to this Act by the 2005 amending Act extend to property in the custody or under the control of the Commission or the Commissioner of Police immediately before the commencement of this clause.
Sections 31A and 31B, as inserted by the 2005 amending Act, do not apply to or in respect of assets forfeiture orders made before the commencement of section 31A.
Part 4A (as inserted by the 2005 amending Act) extends to interstate restraining orders, interstate crime related property declarations and interstate assets forfeiture orders in force immediately before the commencement of that Part.
In this Part—
(a) an order purported to be made before 12 November 2009 under section 10 (4) or (5), 12 (1) (a), (c), (c1), (d) or (e) or 17 (as in force when the order was purported to be made) in respect of a former restraining order, and
(b) any order for costs associated with a former restraining order or any order referred to in paragraph (a).
A former restraining order includes an ancillary order.
The provisions of a current former restraining order, as purported to be in force before 12 November 2009, have effect by force of this clause on and from the date on which the order was purported to be made or otherwise purported to take effect.
This Act and any other law apply to or in respect of restraining provisions in the same way that they apply to or in respect of a restraining order or ancillary order of the same kind made under this Act.
Without limiting subclause (2), restraining provisions cease to have effect, in accordance with this Act, as if they were a restraining order or ancillary orders of the same kind made by the Supreme Court under this Act.
Any thing done or omitted to be done under this Act or any other law in respect of a current former restraining order or any interest in property purported to be subject to a current former restraining order is taken to have been done or omitted in respect of the corresponding restraining provisions or interest in property subject to those provisions.
This clause does not give effect to the provisions of any order that is set aside or discharged by a court after 12 November 2009 (for any reason) and before the date of introduction into Parliament of the Bill for the 2009 Act in respect of any period after the order was set aside or discharged.
This clause does not apply to the specific restraining orders the subject of proceedings in the Court of Appeal in International Finance Trust Company Limited & Anor v New South Wales Crime Commission[2008] NSWCA 291.
Restraining provisions may be the subject of an application under section 10C. Any such application must be made not later than 28 days after the commencement of the 2009 Act.
An application under section 10C in respect of restraining provisions may relate to the circumstances of the grant of the current former restraining order concerned.
Despite subclause (2), the following matters may not be the basis of an application to the Supreme Court to set aside restraining provisions—
(a) that the affidavit on which the current former restraining order was based contained evidence that was inadmissible,
(b) that the judge who determined the application for the current former restraining order failed to supply reasons for the determination,
(c) that the current former restraining order was invalid because of the invalidity of section 10 (as purported to be in force immediately before 12 November 2009) on constitutional grounds.
Note— The restraining provisions have effect because of clause 16 (1) and are not orders of the Supreme Court.
The Supreme Court may, at any time on the application of the Commission, make an order setting aside restraining provisions.
This clause excludes liability, or compensation, or relief, only if the liability or claim for compensation or relief arises wholly or partly (whether directly or indirectly) from the determination by the High Court in International Finance Trust Company Limited v New South Wales Crime Commission[2009] HCA 49 (12 November 2009) of the invalidity, on constitutional grounds, of section 10 of this Act (as purported to be in force immediately before 12 November 2009).
The State does not incur any liability, and compensation is not payable by or on behalf of the State, arising directly or indirectly from any of the following matters—
(a) the enactment of the 2009 Act,
(b) the operation or enforcement of, or compliance with, a former restraining order or an existing assets forfeiture order,
(c) the operation or enforcement of this Act or any other law, or the exercise by any person of a function under this Act or any other law, in respect of any such order or any interest in property subject to such an order,
(d) any statement or conduct relating to a former restraining order or any interest in property subject to such an order that would have been lawful if the former restraining order were in force,
(e) the payment of any fees to the NSW Trustee and Guardian in respect of the exercise of functions relating to a former restraining order or an existing assets forfeiture order,
(f) without limiting paragraph (b) or (c), the imposition of any penalty (whether civil or criminal) as a result of the enforcement of a former restraining order or an existing assets forfeiture order,
(g) without limiting paragraph (b) or (c), any undertakings as to damages given in relation to former restraining orders or existing assets forfeiture orders.
No proceedings may be instituted against the State for compensation or other relief, whether arising at law or in equity, for the purpose of—
(a) restraining any action in relation to an interest in property in accordance with a former restraining order or an existing assets forfeiture order, or
(b) obtaining compensation for loss or damage arising directly or indirectly from a matter referred to in subclause (2).
This clause applies to or in respect of any act, statement or conduct whether occurring before or after the commencement of this clause.
In this clause—
(a) whether made verbally or in writing, and
(b) whether negligent, false, misleading or otherwise.
This clause has effect despite any provision of this Act or any other law.
An existing assets forfeiture order is not invalid merely because there was no valid restraining order in force when the application for the existing assets forfeiture order was made or when the existing assets forfeiture order was made.
The validity of an existing assets forfeiture order is not subject to challenge in any court on the ground that there was no valid restraining order in force when the application for the existing assets forfeiture order was made or when the existing assets forfeiture order was made.
Any act or omission with respect to an existing assets forfeiture order or property affected by such an order done or omitted before the commencement of the 2009 Act is taken to have been validly done or omitted, if it would have been valid if it had been done or omitted after that commencement.
An existing forfeiture application is taken to have been validly made and may be granted by the Supreme Court under section 22 whether or not a restraining order is made in respect of interests in property the subject of the application.
An application made under section 14 relating to an existing forfeiture application, and not determined before the date of assent to the 2009 Act, is taken to have been validly made and may be granted by the Supreme Court.
Nothing in subclause (1) prevents an application being made for a restraining order in respect of an interest in property that is the subject of an existing forfeiture application.
This Act (other than sections 10–10D, as inserted by the 2009 Act) applies, and is taken to have always applied, to an existing interstate restraining order on registration under this Act as if it were a restraining order made under section 10A (as substituted by the 2009 Act).
Any act or omission with respect to an existing interstate restraining order or property affected by such an order done or omitted before the commencement of the 2009 Act is taken to have been validly done or omitted, if it would have been valid if it had been done or omitted after that commencement.
A person is not, because of clause 16, liable to prosecution for any act or omission if the act or omission did not, at the time it occurred, constitute an offence.
The Commission is not required to take action under section 15 (4) in respect of a current former restraining order merely because of the effect on that order of the invalidity of section 10 (as purported to be in force immediately before 12 November 2009) on constitutional grounds.
Regulations under clause 1 may have effect despite any provision of this Part.
This Act, as in force before the commencement of the Criminal Assets Recovery Amendment (Unexplained Wealth) Act 2010, continues to apply to an application for a restraining order or a proceeds assessment order that was made, but not finally determined, before that commencement.
Despite subclause (1), the proceeds of any proceeds assessment order made before that commencement that are received after that commencement are to be dealt with under section 32 as in force after that commencement.
The amendments made to this Act by the Criminal Assets Recovery Amendment Act 2014 extend to—
(a) activities engaged in, and to proceeds that were derived or realised, before the commencement of those amendments, and
(b) applications for orders under this Act made (but not yet determined) before the commencement of those amendments.
Nothing in those amendments affects the validity of any order made under this Act before the commencement of the amendments.
An amendment made by the Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 applies only in relation to serious crime related activity that occurs on or after the commencement of the amendment.
In this Part—
An amendment made by the 2022 amending Act extends to a serious crime related activity that occurred before 1 February 2023.
An amendment made by the 2022 amending Act does not apply to proceedings pending immediately before 1 February 2023.
Sections 63 and 63A, as inserted by the 2022 amending Act, apply to the following—
(a) proceedings pending immediately before 1 February 2023,
(b) proceedings commenced on or after 1 February 2023,
(c) applications pending immediately before 1 February 2023 for a stay of proceedings,
(d) applications for a stay of proceedings made on or after 1 February 2023.
Criminal Assets Recovery Act 1990 No 23 (formerly Drug Trafficking (Civil Proceedings) Act 1990). Assented to 14.6.1990. Date of commencement, 3.8.1990, sec 2 (1) and GG No 97 of 3.8.1990, p 7096. This Act has been amended as follows—
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 27 | Evidence (Consequential and Other Provisions) Act 1995. Assented to 19.6.1995. Date of commencement, 1.9.1995, sec 2 and GG No 102 of 25.8.1995, p 4355. | |
No 68 | Drug Trafficking (Civil Proceedings) Amendment Act 1997. Assented to 10.7.1997. Date of commencement, 25.7.1997, sec 2 and GG No 83 of 25.7.1997, p 5680. | |
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 120 | Statute Law (Miscellaneous Provisions) Act (No 2) 1998. Assented to 26.11.1998. Date of commencement of Sch 2, assent, sec 2 (1). | |
No 149 | Crimes Legislation Further Amendment Act 1998. Assented to 8.12.1998. Date of commencement, 8.2.1999, sec 2 and GG No 15 of 5.2.1999, p 391. | |
No 4 | Property (Relationships) Legislation Amendment Act 1999. Assented to 7.6.1999. Date of commencement of Sch 2.6, 28.6.1999, sec 2 and GG No 72 of 25.6.1999, p 4082. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 1.8, assent, sec 2 (2); date of commencement of Sch 4, assent, sec 2 (1). | |
No 24 | Firearms Amendment (Trafficking) Act 2001. Assented to 19.6.2001. Date of commencement, 1.7.2001, sec 2 and GG No 103 of 29.6.2001, p 4438. | |
No 30 | Police Powers (Drug Premises) Act 2001. Assented to 27.6.2001. Date of commencement, 1.7.2001, sec 2 and GG No 106 of 29.6.2001, p 5207. The amendment made by Sch 2 [2] was without effect as the provision being amended was amended by Firearms Amendment (Trafficking) Act 2001. | |
No 112 | Statute Law (Miscellaneous Provisions) Act (No 2) 2001. Assented to 14.12.2001. Date of commencement of Sch 2.12, 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 32 | Criminal Assets Recovery Amendment Act 2005. Assented to 15.6.2005. Date of commencement, 1.8.2005, sec 2 and GG No 94 of 29.7.2005, p 3909. | |
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 94 | Police Amendment (Miscellaneous) Act 2006. Assented to 22.11.2006. Date of commencement of Sch 3.8, 1.2.2007, sec 2 and GG No 22 of 1.2.2007, p 575. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 1, assent, sec 2 (2). | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 2 and 3, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 105 | Crimes Amendment (Sexual Offences) Act 2008. Assented to 8.12.2008. Date of commencement of Sch 2, 1.1.2009, sec 2 (1) and GG No 158 of 19.12.2008, p 12303. | |
No 6 | Crimes (Criminal Organisations Control) Act 2009. Assented to 3.4.2009. Date of commencement, assent, sec 2. On 23.6.2011, the High Court in Wainohu v New South Wales[2011] HCA 24 stated in response to the question in the special case that “The Crimes (Criminal Organisations Control) Act 2009 (NSW) is invalid”. | |
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 92 | Criminal Assets Recovery Amendment Act 2009. Assented to 26.11.2009. Date of commencement, assent, sec 2. | |
No 19 | Relationships Register Act 2010. Assented to 19.5.2010. Date of commencement of Sch 3, assent, sec 2 (2). | |
No 57 | Personal Property Securities Legislation Amendment Act 2010. Assented to 28.6.2010. Date of commencement of Sch 1.5, 30.1.2012, sec 2 and 2011 (661) LW 16.12.2011. | |
No 65 | Criminal Assets Recovery Amendment (Unexplained Wealth) Act 2010. Assented to 10.9.2010. Date of commencement, assent, sec 2. | |
No 106 | Court Suppression and Non-publication Orders Act 2010. Assented to 29.11.2010. Date of commencement, 1.7.2011, sec 2 and 2011 (296) LW 24.6.2011. | |
No 3 | Crimes Amendment (Consorting and Organised Crime) Act 2012. Assented to 14.3.2012. Date of commencement, 9.4.2012, sec 2 and 2012 (143) LW 5.4.2012. | |
No 9 | Crimes (Criminal Organisations Control) Act 2012. Assented to 21.3.2012. Date of commencement, assent, sec 2. | |
No 66 | Crime Commission Act 2012. Assented to 24.9.2012. Date of commencement of Sch 5.2 (except so much of Sch 5.2 [13] as inserts sec 62 (4)), 5.10.2012, sec 2 and 2012 (499) LW 5.10.2012; date of commencement of so much of Sch 5.2 [13] as inserts sec 62 (4), 2.9.2013, sec 2 and 2013 (443) LW 23.8.2013. | |
No 37 | Victims Rights and Support Act 2013. Assented to 3.6.2013. Date of commencement, assent, sec 2. | |
No 9 | Criminal Assets Recovery Amendment Act 2014. Assented to 14.5.2014. Date of commencement, assent, sec 2. | |
No 7 | Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015. | |
No 16 | Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016. Assented to 11.5.2016. Date of commencement of Sch 3, 29.7.2016, sec 2 and 2016 (458) LW 29.7.2016. | |
No 40 | Justice Legislation Amendment Act 2017. Assented to 14.8.2017. Date of commencement of Sch 1.8, assent, sec 2 (1). | |
No 29 | Justice Legislation Amendment Act (No 2) 2018. Assented to 21.6.2018. Date of commencement of Sch 1.9, assent, sec 2 (1). | |
No 30 | Modern Slavery Act 2018. Assented to 27.6.2018. Date of commencement, 1.1.2022, sec 2. |
No 42 | Unexplained Wealth (Commonwealth Powers) Act 2018. Assented to 21.8.2018. Date of commencement, 1.9.2018, sec 2 and 2018 (493) LW 31.8.2018. | |
No 55 | Confiscation of Proceeds of Crime Legislation Amendment Act 2022. Assented to 26.10.2022. Date of commencement, 1.2.2023, sec 2. |
Long title | Am 1997 No 68, Sch 1 [1]. |
Sec 1 | Subst 1997 No 68, Sch 1 [2]. |
Sec 3 | Am 1997 No 68, Sch 1 [3]; 2005 No 32, Sch 1 [1]; 2010 No 65, Sch 1 [1]; 2022 No 55, Sch 3[1]. |
Sec 4 | Am 1997 No 68, Sch 1 [4]–[9]; 1999 No 4, Sch 2.6 [1]; 2001 No 112, Sch 2.12; 2005 No 32, Sch 1 [2]–[5]; 2007 No 82, Sch 1.3; 2009 No 92, Sch 1 [1] [2]; 2010 No 19, Sch 3.32 [1]; 2010 No 65, Sch 1 [2] [4]; 2012 No 66, Sch 5.2 [1] [2]; 2014 No 9, Sch 1 [1] [2]; 2016 No 16, Sch 3 [1]; 2022 No 55, Sch 3[2]. |
Sec 6 | Am 1997 No 68, Sch 1 [10]–[13]; 1998 No 73, Sch 2.3 [1] [2]; 2001 No 24, Sch 2 [1] [2]; 2001 No 30, Sch 2 [1] [3]; 2002 No 103, Sch 4.19 [1]; 2005 No 32, Sch 1 [6]–[9]; 2008 No 105, Sch 2.6 [1] [2]; 2009 No 6, Sch 1.2; 2012 No 3, Sch 2.1; 2012 No 9, Sch 1.3; 2017 No 40, Sch 1.8 [1]; 2018 No 30, Sch 5.4; 2022 No 55, Sch 3[3]. |
Sec 7 | Am 1997 No 68, Sch 1 [14]. |
Sec 9 | Am 1997 No 68, Sch 1 [15] [16]; 2005 No 32, Sch 1 [10]; 2010 No 65, Sch 1 [5]; 2016 No 16, Sch 3 [2]. |
Sec 9A | Ins 2005 No 32, Sch 1 [11]. |
Sec 9B | Ins 2016 No 16, Sch 3 [3]. |
Sec 10 | Am 1997 No 68, Sch 1 [15]–[19]; 2005 No 32, Sch 1 [12]–[15]; 2009 No 49, Sch 2.17 [1]. Subst 2009 No 92, Sch 1 [3]. |
Sec 10A | Ins 2005 No 32, Sch 1 [16]. Subst 2009 No 92, Sch 1 [3]. Am 2010 No 65, Sch 1 [6] [7]; 2018 No 29, Sch 1.9 [1]; 2022 No 55, Sch 3[4]. |
Sec 10B | Ins 2005 No 32, Sch 1 [16]. Subst 2009 No 92, Sch 1 [3]. Am 2010 No 65, Sch 1 [5]; 2012 No 66, Sch 5.2 [3]; 2015 No 7, Sch 2.10 [1]; 2017 No 40, Sch 1.8 [2]. |
Sec 10C | Ins 2009 No 92, Sch 1 [3]. |
Sec 10D | Ins 2009 No 92, Sch 1 [3]. Am 2010 No 65, Sch 1 [5]; 2018 No 29, Sch 1.9 [2]; 2022 No 55, Sch 3[5]. |
Sec 12 | Am 1997 No 68, Sch 1 [20]–[22]; 1999 No 4, Sch 2.6 [2]; 2009 No 49, Sch 2.17 [1]; 2010 No 19, Sch 3.32 [2]. |
Sec 13 | Am 1997 No 68, Sch 1 [23]–[26]; 2005 No 32, Sch 1 [17] [18]. |
Sec 13A | Ins 2005 No 32, Sch 1 [19]. Am 2009 No 49, Sch 2.17 [1]. |
Sec 14 | Am 2009 No 49, Sch 2.17 [1]; 2009 No 92, Sch 1 [4]; 2012 No 66, Sch 5.2 [4]–[6]. |
Sec 15 | Am 1997 No 68, Sch 1 [27]. |
Sec 16 | Am 1997 No 68, Sch 1 [28] [29]. |
Sec 16A | Ins 1997 No 68, Sch 1 [30]. Am 2010 No 65, Sch 1 [5]; 2012 No 66, Sch 5.2 [7]; 2016 No 16, Sch 3 [4]. |
Sec 16B | Ins 1997 No 68, Sch 1 [30]. Am 2005 No 98, Sch 3.20 [1] [2]; 2015 No 7, Sch 2.10 [2]. |
Sec 17 | Am 2009 No 49, Sch 2.17 [1]. |
Sec 18 | Am 2009 No 49, Sch 2.17 [1]–[4]. Rep 2022 No 55, Sch 3[6]. |
Sec 19 | Am 1997 No 68, Sch 1 [31]; 2009 No 49, Sch 2.17 [1]. Rep 2022 No 55, Sch 3[6]. |
Sec 20 | Am 2010 No 65, Sch 1 [5]; 2018 No 29, Sch 1.9 [3]. |
Sec 21 | Am 2009 No 49, Sch 2.17 [1] [2] [5]. Rep 2022 No 55, Sch 3[6]. |
Part 3, Div 1A | Ins 2022 No 55, Sch 3[7]. |
Part 3, Div 1A, Subdiv 1 | Ins 2022 No 55, Sch 3[7]. |
Sec 21A | Ins 2022 No 55, Sch 3[7]. |
Sec 21B | Ins 2022 No 55, Sch 3[7]. |
Part 3, Div 1A, Subdiv 2 | Ins 2022 No 55, Sch 3[7]. |
Sec 21C | Ins 2022 No 55, Sch 3[7]. |
Sec 21D | Ins 2022 No 55, Sch 3[7]. |
Sec 21E | Ins 2022 No 55, Sch 3[7]. |
Sec 21F | Ins 2022 No 55, Sch 3[7]. |
Part 3, Div 1A, Subdiv 3 | Ins 2022 No 55, Sch 3[7]. |
Sec 21G | Ins 2022 No 55, Sch 3[7]. |
Sec 21H | Ins 2022 No 55, Sch 3[7]. |
Part 3, Div 1A, Subdiv 4 | Ins 2022 No 55, Sch 3[7]. |
Sec 21I | Ins 2022 No 55, Sch 3[7]. |
Sec 21J | Ins 2022 No 55, Sch 3[7]. |
Sec 21K | Ins 2022 No 55, Sch 3[7]. |
Sec 22 | Am 1997 No 68, Sch 1 [32] [33]; 2005 No 32, Sch 1 [20]–[26]; 2009 No 92, Sch 1 [5]; 2010 No 65, Sch 1 [5]; 2016 No 16, Sch 3 [5]–[7]. |
Sec 22A | Ins 2005 No 32, Sch 1 [27]. |
Sec 22AA | Ins 2016 No 16, Sch 3 [8]. |
Sec 23 | Am 1997 No 68, Sch 1 [34]; 2009 No 49, Sch 2.17 [1]. |
Sec 23A | Ins 1997 No 68, Sch 1 [35]. |
Sec 24 | Am 1997 No 68, Sch 1 [16]; 1999 No 4, Sch 2.6 [3]; 2005 No 32, Sch 1 [28] [29]; 2022 No 55, Sch 3[6]. |
Sec 25 | Am 1997 No 68, Sch 1 [36]; 2005 No 32, Sch 1 [30]; 2009 No 92, Sch 1 [6] [7]; 2016 No 16, Sch 3 [9]. |
Sec 26 | Am 2005 No 32, Sch 1 [31] [32]; 2016 No 16, Sch 3 [10]. |
Part 3, Div 2, heading | Am 2010 No 65, Sch 1 [8]. |
Sec 26A | Ins 2010 No 65, Sch 1 [9]. |
Sec 27 | Am 1997 No 68, Sch 1 [37]–[40]; 2005 No 32, Sch 1 [33]–[37]; 2010 No 65, Sch 1 [10] [11]. |
Sec 28 | Am 1997 No 68, Sch 1 [41]–[48]; 2005 No 32, Sch 1 [38] [39]; 2010 No 65, Sch 1 [12] [13]. |
Sec 28A | Ins 2010 No 65, Sch 1 [14]. Am 2022 No 55, Sch 3[8] [9]. |
Sec 28B | Ins 2010 No 65, Sch 1 [14]. Am 2022 No 55, Sch 3[6] [10]. |
Sec 28C | Ins 2010 No 65, Sch 1 [14]. Am 2022 No 55, Sch 3[11] [12]. |
Sec 29 | Am 2010 No 65, Sch 1 [5]. |
Sec 30 | Am 2009 No 49, Sch 2.17 [1] [2]; 2010 No 65, Sch 1 [5]. |
Sec 31 | Am 2009 No 49, Sch 2.17 [1]; 2009 No 92, Sch 1 [8]; 2010 No 57, Sch 1.5 [1]; 2010 No 65, Sch 1 [5]. |
Part 3, Div 2A | Ins 2005 No 32, Sch 1 [40]. |
Sec 31A | Ins 2005 No 32, Sch 1 [40]. Am 2010 No 65, Sch 1 [5]; 2012 No 66, Sch 5.2 [8]. |
Sec 31B | Ins 2005 No 32, Sch 1 [40]. Am 2010 No 65, Sch 1 [5]; 2012 No 66, Sch 5.2 [9]. |
Sec 31C | Ins 2005 No 32, Sch 1 [40]. |
Part 3, Div 2B | Ins 2009 No 92, Sch 1 [9]. Subst 2022 No 55, Sch 3[13]. |
Sec 31D | Ins 2009 No 92, Sch 1 [9]. Am 2010 No 65, Sch 1 [5]; 2012 No 66, Sch 5.2 [10]–[12]. Subst 2022 No 55, Sch 3[13]. |
Part 3, Div 3, heading | Subst 1997 No 68, Sch 1 [49]. |
Sec 32 | Am 1997 No 68, Sch 1 [50] [51]; 1998 No 120, Sch 2.9; 1998 No 149, Sch 2.4; 1999 No 85, Sch 1.8; 2009 No 49, Sch 2.17 [1]; 2010 No 65, Sch 1 [15]; 2013 No 37, Sch 3.8; 2016 No 16, Sch 3 [11] [12]; 2018 No 42, Sch 4 [1]–[3]. |
Sec 32A | Ins 2018 No 42, Sch 4 [4]. |
Part 3A | Ins 2022 No 55, Sch 3[14]. |
Sec 32B | Ins 2022 No 55, Sch 3[14]. |
Sec 32C | Ins 2022 No 55, Sch 3[14]. |
Sec 32D | Ins 2022 No 55, Sch 3[14]. |
Sec 32E | Ins 2022 No 55, Sch 3[14]. |
Sec 33 | Am 1997 No 68, Sch 1 [52] [53]; 2005 No 32, Sch 1 [41]. |
Sec 35 | Am 1997 No 68, Sch 1 [54]. |
Sec 37 | Am 1997 No 68, Sch 1 [55]. |
Sec 37A | Ins 1997 No 68, Sch 1 [56]. |
Sec 38 | Am 1991 No 92, Sch 2; 1997 No 68, Sch 1 [15] [16] [57]–[59]; 2002 No 103, Sch 4.19 [2]–[6]; 2022 No 55, Sch 3[15] [16]. |
Sec 39 | Am 1997 No 68, Sch 1 [15] [16]; 2022 No 55, Sch 3[17] [18]. |
Sec 41 | Am 2005 No 32, Sch 1 [42]. |
Sec 42 | Subst 2022 No 55, Sch 3[19]. |
Sec 42A | Ins 1997 No 68, Sch 1 [60]. Am 2002 No 103, Sch 4.19 [7]. |
Sec 44 | Am 1997 No 68, Sch 1 [61] [62]; 2022 No 55, Sch 3[20]. |
Sec 45 | Am 2022 No 55, Sch 3[21]. |
Sec 47 | Am 2005 No 32, Sch 1 [43]. Subst 2022 No 55, Sch 3[22]. |
Sec 47A | Ins 1997 No 68, Sch 1 [63]. |
Part 4, Div 4, heading | Am 2022 No 55, Sch 3[23]. |
Sec 48 | Am 1997 No 68, Sch 1 [15] [16] [64] [65]; 2005 No 32, Sch 1 [44]; 2022 No 55, Sch 3[24]. |
Sec 48A | Ins 2022 No 55, Sch 3[25]. |
Sec 49 | Subst 2022 No 55, Sch 3[26]. |
Sec 50 | Am 2005 No 98, Sch 3.20 [3]. |
Sec 51 | Am 1997 No 68, Sch 1 [16]; 2005 No 32, Sch 1 [45] [46]; 2022 No 55, Sch 3[27]. |
Sec 51A | Ins 2022 No 55, Sch 3[28]. |
Sec 51B | Ins 2022 No 55, Sch 3[28]. |
Sec 51C | Ins 2022 No 55, Sch 3[28]. |
Sec 52 | Subst 2022 No 55, Sch 3[28]. |
Part 4A | Ins 2005 No 32, Sch 1 [47]. |
Sec 52A | Ins 2005 No 32, Sch 1 [47]. |
Sec 52B | Ins 2005 No 32, Sch 1 [47]. Am 2009 No 92, Sch 1 [10] [11]. |
Secs 52C–52F | Ins 2005 No 32, Sch 1 [47]. |
Sec 52G | Ins 2005 No 32, Sch 1 [47]. Am 2009 No 49, Sch 2.17 [1]; 2010 No 57, Sch 1.5 [2] [3]. |
Sec 52H | Ins 2005 No 32, Sch 1 [47]. Am 2009 No 49, Sch 2.17 [1]. |
Secs 52I | Ins 2005 No 32, Sch 1 [47]. |
Part 5, heading | Subst 1997 No 68, Sch 1 [66]. |
Sec 53 | Am 2001 No 121, Sch 2.77; 2007 No 94, Schs 2, 3; 2022 No 55, Sch 3[29]. |
Sec 54 | Am 1995 No 27, Sch 1.9; 1997 No 68, Sch 1 [67]; 2005 No 32, Sch 1 [48] [49]; 2009 No 92, Sch 1 [12]. |
Part 6, heading | Rep 1997 No 68, Sch 1 [68]. |
Sec 56 | Am 1997 No 68, Sch 1 [16]. |
Sec 58A | Ins 1997 No 68, Sch 1 [69]. |
Sec 59A | Ins 2005 No 32, Sch 1 [50]. Am 2006 No 94, Sch 3.8. |
Sec 61 | Am 1997 No 68, Sch 1 [16]; 2010 No 65, Sch 1 [5]; 2022 No 55, Sch 3[30]. |
Sec 62 | Am 1997 No 68, Sch 1 [16]; 2010 No 65, Sch 1 [5]. Rep 2010 No 106, Sch 2.2. Ins 2012 No 66, Sch 5.2 [13]. |
Sec 63 | Subst 2022 No 55, Sch 3[31]. |
Sec 63A | Ins 2022 No 55, Sch 3[31]. |
Sec 66 | Am 1997 No 68, Sch 1 [16]. Rep 2022 No 55, Sch 3[32]. |
Sec 66A | Ins 1997 No 68, Sch 1 [70]. Rep 2022 No 55, Sch 3[32]. |
Sec 68 | Rep 1999 No 85, Sch 4. Ins 2022 No 55, Sch 3[33]. |
Sec 69 | Rep 1999 No 85, Sch 4. |
Sec 70 | Rep 1999 No 85, Sch 4. |
Sch 1 | Ins 1997 No 68, Sch 1 [71]. Am 2005 No 32, Sch 1 [51] [52]; 2009 No 92, Sch 1 [13] [14]; 2010 No 65, Sch 1 [16] [17]; 2014 No 9, Sch 1 [3] [4]; 2016 No 16, Sch 3 [13]; 2022 No 55, Sch 3[34]. |
The whole Act | Am 2010 No 65, Sch 1 [3] (“interstate proceeds assessment order” omitted wherever occurring, “interstate proceeds assessment or unexplained wealth order” inserted instead). |
0