New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 31C

31C Exclusion of the value of interests from orders

(1) If it is proved that it is more probable than not that a specified proportion of the value of an interest in property forfeited or paid under this Division is not attributable to the proceeds of an illegal activity and that, at the time of the failure to disclose the interest, the defendant did not know of his or her interest in the property, the Supreme Court may--

(a) make a declaration to that effect, and

(b) in the case of an interest forfeited to the Crown--order that the Crown vest the interest in the applicant, and

(c) in any other case--order that the person who has forfeited the interest or paid the amount is entitled to be paid the proportion of the proceeds of sale, or the amount paid, as the case requires, specified in the declaration.

(2) An application for an order under this section must be made not later than 6 months after the order under section 31A or 31B was made, or with the leave of the Supreme Court.

(3) Notice of an application for an order under this section is to be given to the Commission and any other person required by the regulations to be given notice.

(4) A person entitled to be given notice of an application for an order under this section may appear, and adduce evidence, at the hearing of the application.

(5) The applicant for an order under this section must give the Commission notice of the grounds on which the order is sought.

(6) If the Commission proposes to contest an application for an order under this section it must give the applicant notice of the grounds on which the application is to be contested.