New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 59

59 Arrangements to avoid operation of Act

(1) In this section--

"scheme" means--

(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings, or

(b) any scheme, plan, proposal, action, course of action or course of conduct.

(2) If the Supreme Court is satisfied on the application of the Commission that a scheme carried out by a person was carried out for the purpose of directly or indirectly defeating, avoiding, preventing or impeding the operation of this Act in any respect, the Court may for the purpose of defeating that purpose--

(a) make an order declaring the scheme void in whole or in part, or

(b) make an order varying the operation of the scheme in whole or in part.

(3) The Supreme Court may also make such orders as may be just in the circumstances for or with respect to any consequential or related matter or for giving effect to any orders of the Court under this section, including any of the following orders--

(a) the making of any disposition of property,

(b) the payment of money,

(c) the sale or other realisation of property and the disposition of the proceeds,

(d) the creation of a charge on property in favour of any person and the enforcement of a charge so created.

(4) The Supreme Court may rescind or vary any order of the Court under this section.