New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 30

30 NSW Trustee and Guardian may discharge proceeds assessment order

(1) If:

(a) the NSW Trustee and Guardian has, under a restraining order, taken control of an interest in property, and

(b) a proceeds assessment order has been made against the person entitled to the interest,

the Supreme Court may, on application by the NSW Trustee and Guardian, make an order (in this section referred to as "the later order") directing the NSW Trustee and Guardian to pay to the Treasurer an amount sufficient to discharge the debt created by section 27 arising under the proceeds assessment order.

(2) For the purpose of enabling the NSW Trustee and Guardian to comply with the later order, the Supreme Court may, by that order or by a subsequent order:

(a) direct the NSW Trustee and Guardian to sell or otherwise dispose of a specified interest in property under the control of the NSW Trustee and Guardian, and

(b) appoint an officer of the Court or any other person to execute any deed or instrument in the name of the person entitled to the interest and to do all acts and things necessary to give validity and operation to the deed or instrument.

(3) The execution of the deed or instrument by the person so appointed has the same force and validity as it would have if it had been executed by the person who was entitled to the interest to which it relates.

(4) As soon as practicable after the making of the later order, the NSW Trustee and Guardian:

(a) is to apply the money which has come into the NSW Trustee and Guardian’s possession or under the NSW Trustee and Guardian’s control because of the sale or other disposition specified in the later order, or the subsequent order, or otherwise in the course of the performance of the NSW Trustee and Guardian’s duties in respect of the interests in property to which the restraining order relates, in payment of:

(i) the fees payable in connection with, and

(ii) the expenses incurred by the NSW Trustee and Guardian in or in connection with,

the performance of the duties imposed on the NSW Trustee and Guardian under the restraining order, including the expenses incurred by the NSW Trustee and Guardian in or in connection with the sale or other disposition of any of the interests in property to which the restraining order relates, and

(b) is to pay the rest of the money as provided by subsection (5).

(5) If the money to which subsection (4) (b) applies exceeds the amount required to discharge the debt arising under the proceeds assessment order, the NSW Trustee and Guardian is to use the money to discharge the debt by payment of the appropriate amount to the Treasurer and, if the property sold or disposed of:

(a) was also the subject of an assets forfeiture order-is to pay the balance of the money to the Treasurer, or

(b) was not the subject of an assets forfeiture order-is to pay the balance of the money to the person against whom the proceeds assessment order was made.

(6) Money paid to the Treasurer under subsection (5) is to be credited to the Proceeds Account.

(7) If the NSW Trustee and Guardian pays, in accordance with the later order, money to the Treasurer in respect of the liability of a person under a proceeds assessment order, the liability of the person under the proceeds assessment order is discharged to the extent of the payment.