New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 31A

31A Assets forfeiture orders after interests in property not disclosed

(1) This section applies if:

(a) an assets forfeiture order or proceeds assessment order is made, and

(b) evidence or a warranty or other representation was given or made in proceedings for the order, or examination proceedings under this Act, by a person against whom the order is made (the "defendant") as to the defendant’s interests in property.

(2) The Commission may apply to the Supreme Court for an order forfeiting to, and vesting in, the Crown a specified interest in property of the defendant at the time the evidence, warranty or representation was given or made that was not disclosed in the evidence, warranty or representation.

(3) The Supreme Court must make the order if the Court finds it more probable than not that the interest in property was an interest of the defendant at the time the evidence, warranty or representation was given or made.

(4) An order may be made even if the interest in property was disposed of after the evidence, warranty or representation was given or made but may not extend to an interest in property if:

(a) the whole or part of that interest was subsequently 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) the whole or part of that interest subsequently vested in a person as a result of the distribution of the estate of a deceased person.

(5) An order may be made despite the terms of any orders previously made by consent.

(6) Notice of an application under this section is to be given to the defendant and any person having an interest in property to which the application relates and the defendant or person may appear, and adduce evidence, at the hearing of the application.

(7) The absence of a person entitled to be given notice of an application for an order under this section does not prevent the Court from making the order.

(8) This Act (other than sections 25 and 26) applies to an order made under this section in the same way that it applies to an order made under section 22.

(9) An application under this section may be made together with an application under section 31B.