New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 29

29 Enforcement of order against property under effective control

(1) On the application of the Commission, the Supreme Court must, if of the opinion that an interest in property is subject to the effective control of a person in relation to whom the Court has made a proceeds assessment order or unexplained wealth order, make an order declaring that the interest is available to satisfy the order to the extent that other property is not readily available for that purpose.

(2) If the Supreme Court declares that an interest in property is available to satisfy a proceeds assessment order or unexplained wealth order, the proceeds assessment order or unexplained wealth order may be enforced against the property to the extent specified in the declaration.

(3) If application is made for an order under this section--

(a) the Commission must give notice of the application to the person against whose interest in property the order is sought and to any other person who the Commission has reason to believe may also have an interest in the property to which the application relates, and

(b) each person to whom notice is given, and any other person who claims an interest in the property, may appear, and adduce evidence, at the hearing of the application.

(4) Despite section 7, an interest in property is not available to satisfy a proceeds assessment order or unexplained wealth order made against a person who has effective control of the interest unless the Supreme Court makes a declaration under this section in relation to the interest.