New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 31D

31D Additional orders if application made for certain other orders

(1) This section applies if an application is made for the following orders--

(a) a confiscation order,

(b) an order under section 31A(2) or 31B(2) (a
"non-disclosure order" ),

(c) an order under Division 1A, Subdivision 4.

(2) The Supreme Court may, on the application of the Commission, make the following orders--

(a) an order for the examination on oath, before the Court or before an officer of the Court prescribed by rules of court, of--

(i) the affected person or another person in relation to the affairs of the affected person, including the nature and location of property in which the affected person has an interest, and

(ii) the spouse or de facto partner of the affected person in relation to the affairs of the spouse, de facto partner or affected person, including the nature and location of property in which the spouse, de facto partner or affected person has an interest,

(b) an order directing the following persons to give the Commission a statement setting out information about the property or dealings with the property in which the affected person has or had an interest--

(i) a person who is or was an affected person, or

(ii) if the affected person is or was a body corporate--a director of the body corporate specified by the Court.

(3) The statement must be--

(a) provided to the Commission within the period specified in the order, and

(b) verified by the oath of the person making the statement.

(4) The Commission must give notice of an application for an order under this section to the affected person.

(5) Sections 13 and 13A apply to a person being examined under an order under this section in the same way the provisions apply to a person being examined under an order under section 12(1).

(6) In this section--

"affected person" means--

(a) for an application for an order under Division 1A, Subdivision 4--the claimant or applicant who applied for the order, or

(b) for an application for an assets forfeiture order--the owner of an interest in property proposed to be subject to the order, or

(c) for an application for a proceeds assessment order or unexplained wealth order--the person proposed to be subject to the order, or

(d) for a non-disclosure order--the defendant whose interest in property is proposed to be subject to the order.

"claimant" has the same meaning as in Division 1A.