New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 31B

31B Proceeds assessment 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 is 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 requiring the defendant to pay to the Treasurer the value of the whole or part of an 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, 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.

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

(4) The Supreme Court must make an order under this section if it finds it more probable than not that:

(a) an interest in property was an interest of the defendant at the time the evidence, warranty or representation was given or made, and

(b) the interest was subsequently disposed of as referred to in subsection (2) (a) or (b).

(5) 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.

(6) 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.

(7) The amount a defendant is required to pay under an order under this section is recoverable as a debt payable by the defendant to the Crown.

(8) Sections 29, 30 and 31 apply to an order made under this section in the same way as they apply to a proceeds assessment order.

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