New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 57

57 Orders can be extended to innocent interests

(1) The purpose of this section is to provide for an order of the Supreme Court under this Act in relation to an interest of a person in property to be extended to other interests in the property (whether of that person or another person) if--

(a) the proceeds of disposal of those interests combined would be likely to be greater than the proceeds of disposal of each of the interests separately, or

(b) the disposal of the interests separately would be impracticable or significantly more difficult than disposal of the combined interests.

(2) When the Supreme Court makes an order under this Act in relation to an interest of a person in property, the Court may, if it is consistent with the purpose of this section to do so, by that order or a subsequent order direct that the order is also to apply to specified other interests in the property.

(3) When the Supreme Court extends the operation of an order to an interest in property that the order would not (but for this section) have applied to, the Court may make such ancillary orders as it thinks fit for the protection of the person whose interest it is, such as--

(a) an order declaring that there is payable to the person a specified amount as the value of the person's interest in the property, or

(b) an order directing that specified other interests in the property be transferred to the person.

(4) In deciding whether to declare that an amount is payable to a person or to direct that an interest in property be transferred to a person, the Supreme Court is to have regard to--

(a) the nature, extent and value of the person's interest in the property concerned, and

(b) if the Court is aware that any other person claims an interest in the property--the nature, extent and value of the interest claimed, and

(c) any other matter that seems to the Court to be relevant.

(5) The rules of court may make provision for and with respect to the operation of this section.