New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 21

21 Discharge of forfeiture orders

(1) A forfeiture order is discharged:

(a) if the conviction in reliance on which the order is made is subsequently quashed, or

(b) if the forfeiture order is discharged by the court which hears an appeal against it under section 92 (appeals).

(2) The payment to the State of the amount specified in a forfeiture order as the value of the property in respect of which the forfeiture order is made operates (except in so far as the court otherwise directs) to discharge the forfeiture order.

(3) If a forfeiture order in respect of property is discharged (whether on an appeal against the making of the forfeiture order or as provided by this section) the person who had possession of the property before possession of it was taken by or on behalf of the State may, by application in writing to the Attorney General, request the return of the property and, on receipt of the application by the Attorney General:

(a) if the property is still in the possession of the State-the Attorney General shall arrange for the property to be returned to the person, or

(b) in any other case-there is payable to the person the amount realised on disposal of the property by the State.

(4) If:

(a) a person applies to the Attorney General under subsection (3) for the return of property that is in the possession of the State, and

(b) under section 20, an amount has been paid to another person in respect of that other person’s interest in the property,

then, despite subsection (3), the Attorney General shall inform the first-mentioned person that the property will be returned to the first-mentioned person on payment to the State of an amount equal to the amount paid as mentioned in paragraph (b) and, if that amount is paid to the State, the Attorney General shall arrange for the property to be so returned.

(5) If:

(a) a person applies to the Attorney General under subsection (3) for the return of property that is not in the possession of the State, and

(b) under section 20, an amount has been paid to another person in respect of that other person’s interest in the property,

then, despite subsection (3), there is payable to the first-mentioned person the amount realised on disposal of the property by the State, reduced by an amount equal to the amount paid as mentioned in paragraph (b).

(6) In this section:

(a) a reference to the return of property includes, without limiting the meaning of that expression, the return of land or an estate or interest in land by a conveyance, transfer or other appropriate transaction, and

(b) a reference to a person who had possession of property includes a reference to any person who is entitled to the property.