CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - As at 1 February 2023 - Act 90 of 1989

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Principal objects
• 4 Definitions
• 5 Meaning of "conviction of serious offence"
• 6 Meaning of "absconding"
• 7 Meaning of "serious offence" and "serious drug offence"
• 8 Related offences
• 9 Meaning of "dealing with property"
• 10 Effective control of property
• 11 Act to bind Crown
• 12 Application

PART 2 - CONFISCATION

Division 1 - Applications for confiscation orders

• 13 Applications for confiscation orders
• 14 Notice of applications
• 15 Amendment of applications
• 16 Making of confiscation orders if person has absconded
• 17 Procedure on applications

Division 1A - Forfeiture of certain property if person convicted of serious offence

• 17A Definitions
• 17B Forfeiture of relevant property
• 17C Notification of forfeiture
• 17D Exclusion orders
• 17E Appeal against dismissal of application for exclusion order
• 17F Court may declare relevant property forfeited under this Division
• 17G Recovery of forfeited property
• 17H Relief from hardship--dependants

Division 2 - Forfeiture orders

• 18 Forfeiture orders
• 19 Effects of forfeiture orders
• 20 Effects of forfeiture orders on third parties
• 21 Discharge of forfeiture orders
• 22 Orders pending forfeiture

Division 3 - Pecuniary penalty orders

• 23 Application of Division
• 24 Pecuniary penalty orders
• 25 Assessment of pecuniary penalty
• 26 Discharge of pecuniary penalty orders
• 27 Court may lift corporate veil etc

Division 4 - Drug proceeds orders

• 28 Application of Division
• 29 Drug proceeds orders
• 30 Assessment of proceeds of drug trafficking
• 31 Statements relating to drug trafficking
• 31A Evidence as to value of drugs and other matters
• 32 Court may look at property subject to effective control of defendant

Division 5 - Substituted tainted property declarations

• 33 Substituted tainted property declaration

Division 6 - Drug trafficker declarations

• 34 Drug trafficker declaration
• 34A Application for forfeiture order

PART 3 - CONTROL OF PROPERTY LIABLE TO CONFISCATION

Division 1 - Search powers

• 35 Definitions
• 36 Search warrants
• 37 Seizure of property under warrants
• 38 Search and arrest of persons pursuant to warrants
• 39 Issue of warrants if charge not laid
• 40 Commissioner of Police responsible for seized property
• 41 Return of seized property
42. (Repealed)

Division 1A - Freezing notices

• 42A Definitions
• 42B Applications for freezing notices
• 42C Issue of freezing notices
• 42D Form of freezing notice
• 42E Telephone freezing notices
• 42F Notice of issue of freezing notice
• 42G False or misleading information in applications
• 42H Record of proceedings before authorised justice
• 42I Application to confirm freezing notice
• 42J Notice to third parties
• 42K Appeals against freezing notices issued by authorised justices
• 42L Confirmation of freezing notices
• 42M Orders for the management of property
• 42N Undertakings as to payment of damages or costs
• 42O Contravention of freezing notices
• 42P Duration of freezing notices
• 42Q Effect of other orders on freezing notices
• 42R Purchase of property
• 42S Return of property
• 42T Arrangements for management of property
• 42U Appeals against refusal to confirm freezing notice
• 42V Court may make further orders relating to freezing notices

Division 2 - Restraining orders

• 43 Restraining orders
• 43A Restraining orders--drug trafficker declarations
• 44 Notice of applications and orders
• 44A Powers of Supreme Court to set aside or vary restraining orders not affected
• 45 Supreme Court may make further orders relating to restraining orders
• 45A Contravention of restraining orders
• 45B Time when restraining order ceases to be in force

Division 3 - General provisions applying to restraining orders and freezing notices

• 46 Order for taxation of legal expenses to be met out of restrained or frozen property
• 47 NSW Trustee and Guardian or Commissioner of Police to discharge confiscation order
• 48 Charge on property subject to restraining order or freezing notice
• 49 Registration of restraining orders and freezing notices
• 50 (Renumbered)
• 51 Hindering or obstructing NSW Trustee and Guardian or Commissioner of Police
• 51A Orders to furnish statements to NSW Trustee and Guardian or Commissioner of Police
• 52 Protection of NSW Trustee and Guardian and Commissioner of Police from liability in certain cases
• 53 Fees payable to NSW Trustee and Guardian or Commissioner of Police
• 54 Court may revoke orders or notices
• 55 (Renumbered)
56. (Repealed)
• 57 Certificate by NSW Trustee and Guardian or Commissioner of Police

PART 4 - INFORMATION GATHERING POWERS

Division 1 - Production orders

• 58 Applications for production orders
• 59 Making of production orders
• 60 Form of production orders
• 61 Powers under production orders
• 62 Effect of production orders on proceedings etc
• 63 Variation of production orders
• 64 Failure to comply with production orders

Division 2 - Search powers

• 65 Powers to search for, and seize, documents relevant to locating etc property
• 66 Application for search warrant for location etc of property
• 67 Search warrant for location etc of property
• 67A Application for search warrant for location of property-tracking document
• 67B Seizure of property-tracking documents
• 67C Obstruction of persons executing a search warrant

Division 3 - Monitoring orders

• 68 Monitoring orders
• 69 Making of monitoring orders
• 70 Existence and operation of monitoring order not to be disclosed
• 71 Communication of information by financial institutions to prescribed authorities
• 71A Giving notices to financial institutions
• 71B Content of notices to financial institutions
• 71C Offences relating to notices
• 72 Protection for financial institutions

PART 5 - OFFENCES

• 74 Proceedings for offences
• 75 Proof of certain matters not required
• 76 Conduct by directors, servants or agents

PART 6 - INTERSTATE ORDERS

• 77 Registration of interstate instruments
• 78 Effect of registration of interstate forfeiture orders
• 78A Effect of registration of interstate crime related property declarations
• 79 Effect of registration of interstate restraining orders
• 80 Revocation or variation of registered orders or declarations
• 81 Duration of registration
• 82 Cancellation of registration
• 83 Charge on property subject to registered interstate restraining orders
• 84 Powers of NSW Trustee and Guardian in relation to interstate restraining orders
• 85 Interim registration of facsimile copies

PART 7 - MISCELLANEOUS

• 86 Restriction on making applications
• 87 Provisions relating to courts
• 88 Commissioner for the Independent Commission Against Corruption
• 88A Exercise of functions by Chief Commissioner of the Law Enforcement Conduct Commission
• 89 Interstate operation of New South Wales orders and notices
• 90 Costs incurred on variation of orders or notices on application by third parties
• 91 Duty not payable
• 92 Appeals
• 93 Operation of other laws not affected
• 94 Notices
• 95 Regulations
• 96 Repeal of Crimes (Confiscation of Profits) Act 1985 No 181 and Crimes (Confiscation of Profits) Regulation 1986
• 97 Review of certain provisions relating to restrained property and drug trafficker declarations
• SCHEDULE 1