New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990

- As at 13 December 2007
- Act 23 of 1990

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement and duration
   3.      Principal objects
   4.      Definitions
   5.      Proceedings are civil, not criminal
   6.      Meaning of “serious crime related activity”
   7.      Meaning of “interest in property”
   8.      Meaning of “effective control of interest in property”
   9.      Meaning of “serious crime derived property” and “illegally acquired property”
   9A.     Meaning of “fraudulently acquired property”

   PART 2 - RESTRAINING ORDERS

   10.     Restraining orders
   10A.    Restraining orders relating to external serious crime related activity
   10B.    Telephone applications for restraining orders
   11.     Notice of restraining order
   12.     Supreme Court may make further orders
   13.     Privilege
   13A.    Privilege against self-incrimination
   14.     Supreme Court may order sale
   15.     Recording of restraining order
   16.     Contravention of restraining order
   16A.    Restrictions on payment of legal expenses from restrained property
   16B.    Maximum legal expenses that can be met from restrained property
   17.     Order for taxation of legal expenses
   18.     Protection of Public Trustee
   19.     Fees payable to Public Trustee
   20.     Effect on restraining order of refusal to make confiscation order
   21.     Certificate by Public Trustee

   PART 3 - CONFISCATION

           Division 1 - Assets forfeiture orders

   22.     Making of assets forfeiture order
   22A.    Assets forfeiture orders relating to external serious crime related activity
   23.     Effect of assets forfeiture order
   23A.    Dealing with forfeited property prohibited
   24.     Relief from hardship-spouses and dependants
   25.     Exclusion of property from restraining order and assets forfeiture order
   26.     Exclusion of the value of innocent interests from assets forfeiture order

           Division 2 - Proceeds assessment orders

   27.     Making of proceeds assessment order
   28.     Assessment of proceeds of serious crime related activity
   29.     Enforcement of order against property under effective control
   30.     Public Trustee may discharge proceeds assessment order
   31.     Charge on property

           Division 2A - Further orders if interests in property not disclosed

   31A.    Assets forfeiture orders after interests in property not disclosed
   31B.    Proceeds assessment orders after interests in property not disclosed
   31C.    Exclusion of the value of interests from orders

           Division 3 - Confiscated Proceeds Account

   32.     Establishment and use of Proceeds Account

   PART 4 - INFORMATION GATHERING POWERS

           Division 1 - Production orders

   33.     Making of production order
   34.     Powers under production order
   35.     Effect of production order on proceedings etc
   36.     Variation of production order
   37.     Failure to comply with production order
   37A.    Prohibited disclosures about production orders

           Division 2 - Search powers (general)

   38.     Search warrants
   39.     Seizure of property and searching of person
   40.     Responsibility for seized property
   41.     Return of certain seized property
   42.     Obstruction etc of person executing warrant
   42A.    Disposal of seized property to Commission

           Division 3 - Search powers (property tracking)

   43.     Consent to search for, and to seizure of, property-tracking document
   44.     Application for search warrant for location of property-tracking document
   45.     Search warrant for location etc of property
   46.     Requirements of search warrant
   47.     Other documents and evidence may be seized
   47A.    Legal professional privilege

           Division 4 - Monitoring orders

   48.     Monitoring orders
   49.     Offences relating to monitoring order
   50.     Existence and operation of monitoring order not to be disclosed
   51.     Communication of information by financial institutions to prescribed authorities
   52.     Protection for financial institution-money laundering

   PART 4A - RECOGNITION OF INTERSTATE INSTRUMENTS

   52A.    Registration of interstate orders
   52B.    Effect of registration of interstate restraining orders
   52C.    Effect of registration of interstate assets forfeiture orders
   52D.    Effect of registration of interstate crime related property declarations
   52E.    Duration of registration
   52F.    Cancellation of registration
   52G.    Charge on property subject to interstate restraining order
   52H.    Powers of Public Trustee in relation to interstate restraining orders
   52I.    Interim registration of facsimile or other electronic copies

   PART 5 - GENERAL

   53.     Proceedings for offences
   54.     Proof of certain matters
   55.     Conduct of directors, employees or agents
   56.     Serious crime related activity can form basis of a number of orders
   57.     Orders can be extended to innocent interests
   58.     Effect of death of person involved
   58A.    Effect of death of joint owner of restrained property
   59.     Arrangements to avoid operation of Act
   59A.    Ministerial arrangements for things seized in connection with extra-territorial offences
   60.     Act binds Crown
   61.     Restriction on functions
   62.     Publication of proceedings
   63.     Stay of proceedings
   64.     Stamp duty
   65.     Requirements to give notice
   66.     Transitional provision
   66A.    Savings and transitional provisions
   67.     Regulations
           68-70. (Repealed)
           SCHEDULE 1