New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990

- As at 1 February 2023 
- Act 23 of 1990 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement and duration
   3.      Principal objects
   4.      Definitions
   5.      Proceedings are civil, not criminal
   6.      Meaning of "serious crime related activity"
   7.      Meaning of "interest in property"
   8.      Meaning of "effective control of interest in property"
   9.      Meaning of "serious crime derived property" and "illegally acquired property"
   9A.     Meaning of "fraudulently acquired property"
   9B.     Meaning of "serious crime use property" and "available interest relating to serious crime use property"

   PART 2 - RESTRAINING ORDERS

   10.     Nature of "restraining order"
   10A.    Proceedings for restraining orders
   10B.    Contents and effect of restraining orders
   10C.    Review of restraining orders
   10D.    Duration of restraining orders
   11.     Notice of restraining order
   12.     Supreme Court may make further orders
   13.     Privilege
   13A.    Privilege against self-incrimination
   14.     Supreme Court may order sale
   15.     Recording of restraining order
   16.     Contravention of restraining order
   16A.    Restrictions on payment of legal expenses from restrained property
   16B.    Maximum legal expenses that can be met from restrained property
   17.     Order for taxation of legal expenses
           18, 19. (Repealed)
   20.     Effect on restraining order of refusal to make confiscation order
   21.     (Repealed)

   PART 3 - CONFISCATION

           Division 1A - Administrative forfeiture of certain property

              Subdivision 1 - Preliminary

   21A.    Definitions
   21B.    Review of Division

              Subdivision 2 - Issue of assets forfeiture notice

   21C.    Commission may issue assets forfeiture notice
   21D.    Commission must notify investigative agency in possession of property
   21E.    Commission may order sale during dispute period
   21F.    Effect of assets forfeiture notice

              Subdivision 3 - Dispute claims and appeals

   21G.    Making of dispute claim
   21H.    Commission must assess dispute claim

              Subdivision 4 - Powers of Supreme Court

   21I.    Appeal against dismissal of dispute claim
   21J.    Application to Supreme Court for recovery of forfeited property
   21K.    Relief from hardship--dependants

           Division 1 - Assets forfeiture orders

   22.     Making of assets forfeiture order
   22A.    Assets forfeiture orders relating to external serious crime related activity
   22AA.   Substituted serious crime use property declaration
   23.     Effect of assets forfeiture order
   23A.    Dealing with forfeited property prohibited
   24.     Relief from hardship--spouses and dependants
   25.     Exclusion of property from restraining order and assets forfeiture order
   26.     Exclusion of the value of innocent interests from assets forfeiture order

           Division 2 - Proceeds assessment orders and unexplained wealth orders

   26A.    Application for proceeds assessment or unexplained wealth order
   27.     Making of proceeds assessment order
   28.     Assessment for proceeds assessment order--illegal activity proceeds
   28A.    Making of unexplained wealth order
   28B.    Assessment for unexplained wealth order--unexplained wealth
   28C.    General provisions applying to proceeds assessment and unexplained wealth orders
   29.     Enforcement of order against property under effective control
   30.     NSW Trustee and Guardian may discharge proceeds assessment order or unexplained wealth order
   31.     Charge on property

           Division 2A - Further orders if interests in property not disclosed

   31A.    Assets forfeiture orders after interests in property not disclosed
   31B.    Proceeds assessment orders or unexplained wealth orders after interests in property not disclosed
   31C.    Exclusion of the value of interests from orders

           Division 2B - Ancillary orders

   31D.    Additional orders if application made for certain other orders

           Division 3 - Confiscated Proceeds Account

   32.     Establishment and use of Proceeds Account
   32A.    The national cooperative scheme

   PART 3A - POWERS OF NSW TRUSTEE AND GUARDIAN

   32B.    Definitions
   32C.    Protection of NSW Trustee and Guardian
   32D.    Fees payable to NSW Trustee and Guardian
   32E.    Evidentiary certificate

   PART 4 - INFORMATION GATHERING POWERS

           Division 1 - Production orders

   33.     Making of production order
   34.     Powers under production order
   35.     Effect of production order on proceedings etc
   36.     Variation of production order
   37.     Failure to comply with production order
   37A.    Prohibited disclosures about production orders

           Division 2 - Search powers (general)

   38.     Search warrants
   39.     Seizure of property and searching of person
   40.     Responsibility for seized property
   41.     Return of certain seized property
   42.     Obstruction of persons executing a search warrant
   42A.    Disposal of seized property to Commission

           Division 3 - Search powers (property tracking)

   43.     Consent to search for, and to seizure of, property-tracking document
   44.     Application for search warrant for location of property-tracking document
   45.     Search warrant for location etc of property
   46.     Requirements of search warrant
   47.     Seizure of property
   47A.    Legal professional privilege

           Division 4 - Monitoring orders and freezing notices

   48.     Monitoring orders
   48A.    Freezing notices
   49.     Offences relating to monitoring orders and freezing notices
   50.     Existence and operation of monitoring order not to be disclosed
   51.     Communication of information by financial institutions to prescribed authorities
   51A.    Giving notices to financial institutions
   51B.    Contents of notices to financial institutions
   51C.    Offences relating to notices
   52.     Protection for financial institutions

   PART 4A - RECOGNITION OF INTERSTATE INSTRUMENTS

   52A.    Registration of interstate orders
   52B.    Effect of registration of interstate restraining orders
   52C.    Effect of registration of interstate assets forfeiture orders
   52D.    Effect of registration of interstate crime related property declarations
   52E.    Duration of registration
   52F.    Cancellation of registration
   52G.    Charge on property subject to interstate restraining order
   52H.    Powers of NSW Trustee and Guardian in relation to interstate restraining orders
   52I.    Interim registration of facsimile or other electronic copies

   PART 5 - GENERAL

   53.     Proceedings for offences
   54.     Proof of certain matters
   55.     Conduct of directors, employees or agents
   56.     Serious crime related activity can form basis of a number of orders
   57.     Orders can be extended to innocent interests
   58.     Effect of death of person involved
   58A.    Effect of death of joint owner of restrained property
   59.     Arrangements to avoid operation of Act
   59A.    Ministerial arrangements for things seized in connection with extra-territorial offences
   60.     Act binds Crown
   61.     Restriction on functions
   62.     Orders made by consent
   63.     Stay of proceedings
   63A.    Closed court
   64.     Stamp duty
   65.     Requirements to give notice
           66, 66A. (Repealed)
   67.     Regulations
   68.     Review of certain provisions relating to unexplained wealth
           69, 70. (Repealed)
           SCHEDULE 1