New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 32

32 Establishment and use of Proceeds Account

(1) The Treasurer is to establish in the Special Deposits Account at the Treasury an account called the Confiscated Proceeds Account.

(2) To the credit of the Proceeds Account there is to be paid the money required by this or any other Act to be paid to the Proceeds Account.

(2A) Without limiting subsection (2), there is to be paid to the credit of the Proceeds Account--

(a) amounts paid to the State by the Commonwealth or another State or Territory under the national cooperative scheme (as defined by section 32A (1)), and

(b) amounts paid to the State by the Commonwealth or another State or Territory or a foreign country, or an authority of the Commonwealth or another State or Territory or a foreign country, under any program or agreement for the sharing of confiscated proceeds.

(2B) The Treasurer, in consultation with the Minister, may waive payment of the whole or any part of an amount payable to the Proceeds Account under any program or agreement mentioned in subsection (2A) (b) if the Treasurer is of the opinion that it is appropriate to do so having regard to any matters that the Treasurer considers relevant.

(3) From the Proceeds Account there is to be paid--

(a) to the Treasurer--the amounts from time to time determined by the Treasurer in consultation with the Minister as payable for the purpose of administering this Act, and

(a1) to the NSW Trustee and Guardian--such amounts from time to time as the Treasurer is satisfied the NSW Trustee and Guardian is entitled to be paid under section 19, and

(a2) to the Commonwealth or another State or Territory--any amounts that are payable to it in accordance with section 32A, and

(a3) to the Commonwealth or another State or Territory or a foreign country, or an authority of the Commonwealth or another State or Territory or a foreign country--any amounts from time to time determined by the Minister as payable to it under any program or agreement for the sharing of confiscated proceeds in recognition of the contribution made by it in relation to the recovery of the proceeds, and

(b) any amount required to be paid in accordance with an order of the Supreme Court under this Act, and

(c) to the credit of the Victims Support Fund established under the Victims Rights and Support Act 2013 --

(i) half of the proceeds of serious crime use property assets forfeiture orders, proceeds assessment orders and unexplained wealth orders paid to the Proceeds Account (calculated after deducting from the proceeds any amounts payable under paragraph (a2), (a3) or (b)), and

(ii) half of any amounts payable to the Proceeds Account under subsection (2A), and

(d) other amounts in aid of law enforcement, victims support programs, crime prevention programs, programs supporting safer communities, drug rehabilitation or drug education as directed by the Treasurer in consultation with the Minister.

(4) In this section--

"serious crime use property assets forfeiture orders" means assets forfeiture orders made on the ground of there being an available interest relating to serious crime use property.