Drug Trafficking (Civil Proceedings) Act 1990 Drug Trafficking (Civil Proceedings) Regulation 1990 (1990-538) [GG No 97 of 3.8.1990] (NSW)

1990 - NO. 538

DRUG TRAFFICKING (CIVIL PROCEEDINGS) ACT

1990 - REGULATION

(Drug Trafficking (Civil Proceedings) Regulation 1990)

NEW SOUTH WALES

[Published in Gazette No. 97 of 3 August 1990]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Drug Trafficking (Civil Proceedings) Act 1990, has been pleased to make the Regulation set forth hereunder.

TED PICKERING

Minister for Police and Emergency Services.

Citation

1. This Regulation may be cited, as the Drug Trafficking (Civil Proceedings) Regulation 1990.

Commencement

2. This Regulation commences on the commencement of the Drug Trafficking (Civil Proceedings) Act 1990.

Definitions

3. In this Regulation:
"originating document" means a sealed copy of the originating

process by which proceedings on an application are commenced in the Supreme Court or of the notice of motion by which an application is made to the Supreme Court;

1990 - NO. 538

''the Act" means the Drug Trafficking (Civil Proceedings)

Act 1990.

Giving of notice

4. (1) If notice of an application for an order of the Supreme Court is authorised or required to be given to a person under the Act, the giving of notice is effected by serving the originating document on the person in accordance with clause 5.

(2) If notice of an order of the Supreme Court is authorised or required to be given to a person under the Act, the giving of notice is effected by serving a minute of the order on the person in accordance with clause 5.

(3) Notice to the Commission of the grounds on which an order is sought under section 25 or 26 of the Act is to be given at the same time and in the same manner as notice of the application for the order is given to the Commission.

Form of service

5. (1) For the purposes of clause 4 (but subject to this clause), an originating document, a minute of an order or a notice to the Commission is to be served personally in accordance with the provisions of Part 9 of the Supreme Court Rules 1970 relating to personal service of a document.

(2) The following forms of service by the Commission are authorised (subject to any order of the Supreme Court) in the case of service on a person (other than the Director of Public Prosecutions, the Commissioner of Police or the Public Trustee), but only if the Commission is satisfied that reasonable efforts to effect personal service have been or would be unsuccessful:

in accordance with any provisions of Part 9 of the Supreme Court Rules 1970 relating to service of a document if personal service is not required;

a Sydney daily newspaper (and, if the last known residential by publication of a notice relating to the application or order in

address of the person to be served is more than 50 kilometres

from the General Post Office, Sydney, in a local newspaper circulating in the district concerned), being a notice that sets out:

1990 - NO. 538

(i)         the terms of any order sought by the application or the terms of the order made by the Supreme Court; and

(ii)        the date on which the application or order was made;

(c) in any other manner authorised by the Supreme Court.

(3) The following forms of service only are authorised (subject to any

order of the Supreme Court) in the case of service on the Commission

or Public Trustee:

(a)	by leaving the originating document or the minute of the order at the Head Office in Sydney of the Commission or Public Trustee (as the case may be), with a person who is apparently a member of the staff of the Commission or Public Trustee;
(b)	by leaving the originating document or the minute of the order addressed to the Commission or the Public Trustee (as the case may be) in the exchange box of the Commission or Public Trustee in the Sydney Document Exchange, or any other document exchange, of the Australian Document Exchange Pty. Ltd;

(c) in any other manner authorised by the Supreme Court.

Giving of notice to Public Trustee of certain exclusion orders

6. For the purposes of sections 25 (5) and 26 (5) of the Act, the Public Trustee is prescribed as another person to whom notice of an application is to be given.

Fees payable to Public Trustee

7. (1) For the purposes of section 19 of the Act, the fees which the Public Trustee is entitled to deduct from the proceeds of disposition of an interest in property of which the Public Trustee has taken control in accordance with a restraining order or which has vested in the Public Trustee on an assets forfeiture order are as follows:

an amount equal to 2.5% of the value of the interest in the
property as determined in accordance with subclause (2);

an amount equal to the actual costs incurred and disbursements

made in relation to the interest in the property by the Public Trustee, including the costs of legal representation, the costs of obtaining legal advice or any other legal costs, agents’ fees, valuation fees and the costs and expenses incurred in relation

1990 - NO. 538

to the operation of any business associated with the interest in

the property;

(c) in the case of an interest in property from which income is derived, in addition to the fees set out in paragraphs (a) and (b), an amount equal to 5.25% of the gross income derived from the interest in the property.

(2) The value of the interest in the property referred to in subclause (1) (a) is the value determined by the Public Trustee or, if the interest is disposed of by sale, the gross amount realised on the sale.

(3) Nothing in this clause is to be taken to prevent the Public Trustee from waiving or reducing the fees to which the Public Trustee is entitled under this clause.

NOTE

TABLE OF PROVISIONS

1.        Citation

2.        Commencement

3.        Definitions

4.        Giving of notice

5.        Form of service

6.       Giving of notice to Public Trustee of certain exclusion orders

7.       Fees payable to Public Trustee

EXPLANATORY NOTE

The object of this Regulation is to make the administrative provisions required for the purposes of the operation of the Drug Trafficking (Civil Proceedings) Act 1990.

The Regulation makes provision for the manner of giving of notice, as required by the Act, of certain applications to and orders of the Supreme Court. The Regulation requires the giving of notice to the Public Trustee (in addition to the Commission) of applications for orders seeking exclusion of property from forfeiture.

Provision is also made for setting the fees that the Public Trustee is authorised to deduct from a disposition of property subject to an order under the Act in respect of the exercise of the functions of the Public Trustee in relation to the property.