New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 9B

9B Meaning of "serious crime use property" and "available interest relating to serious crime use property"

(1) In this Act, a reference to serious crime use property is a reference to property that was used in, or in connection with, a serious crime related activity.

(2) In this Act, an interest in property is an available interest relating to serious crime use property if--

(a) the interest is an interest of a person who has engaged in serious crime related activity (the
"offender" ), and

(b) the offender's activity resulted in the property, or any other property, becoming serious crime use property for the purposes of this Act, and

(c) the property is either the serious crime use property or, if that property is not available for forfeiture as referred to in subsection (3), any other property that is the subject of a substituted serious crime use property declaration.

(3) Serious crime use property is not available for forfeiture if--

(a) the offender does not own, and does not have effective control of, the property, or

(b) the property has been sold or otherwise disposed of or cannot be found for any other reason.