New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989

- As at 1 February 2023 
- Act 90 of 1989 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Principal objects
   4.      Definitions
   5.      Meaning of "conviction of serious offence"
   6.      Meaning of "absconding"
   7.      Meaning of "serious offence" and "serious drug offence"
   8.      Related offences
   9.      Meaning of "dealing with property"
   10.     Effective control of property
   11.     Act to bind Crown
   12.     Application

   PART 2 - CONFISCATION

           Division 1 - Applications for confiscation orders

   13.     Applications for confiscation orders
   14.     Notice of applications
   15.     Amendment of applications
   16.     Making of confiscation orders if person has absconded
   17.     Procedure on applications

           Division 1A - Forfeiture of certain property if person convicted of serious offence

   17A.    Definitions
   17B.    Forfeiture of relevant property
   17C.    Notification of forfeiture
   17D.    Exclusion orders
   17E.    Appeal against dismissal of application for exclusion order
   17F.    Court may declare relevant property forfeited under this Division
   17G.    Recovery of forfeited property
   17H.    Relief from hardship--dependants

           Division 2 - Forfeiture orders

   18.     Forfeiture orders
   19.     Effects of forfeiture orders
   20.     Effects of forfeiture orders on third parties
   21.     Discharge of forfeiture orders
   22.     Orders pending forfeiture

           Division 3 - Pecuniary penalty orders

   23.     Application of Division
   24.     Pecuniary penalty orders
   25.     Assessment of pecuniary penalty
   26.     Discharge of pecuniary penalty orders
   27.     Court may lift corporate veil etc

           Division 4 - Drug proceeds orders

   28.     Application of Division
   29.     Drug proceeds orders
   30.     Assessment of proceeds of drug trafficking
   31.     Statements relating to drug trafficking
   31A.    Evidence as to value of drugs and other matters
   32.     Court may look at property subject to effective control of defendant

           Division 5 - Substituted tainted property declarations

   33.     Substituted tainted property declaration

           Division 6 - Drug trafficker declarations

   34.     Drug trafficker declaration
   34A.    Application for forfeiture order

   PART 3 - CONTROL OF PROPERTY LIABLE TO CONFISCATION

           Division 1 - Search powers

   35.     Definitions
   36.     Search warrants
   37.     Seizure of property under warrants
   38.     Search and arrest of persons pursuant to warrants
   39.     Issue of warrants if charge not laid
   40.     Commissioner of Police responsible for seized property
   41.     Return of seized property
   42.     (Repealed)

           Division 1A - Freezing notices

   42A.    Definitions
   42B.    Applications for freezing notices
   42C.    Issue of freezing notices
   42D.    Form of freezing notice
   42E.    Telephone freezing notices
   42F.    Notice of issue of freezing notice
   42G.    False or misleading information in applications
   42H.    Record of proceedings before authorised justice
   42I.    Application to confirm freezing notice
   42J.    Notice to third parties
   42K.    Appeals against freezing notices issued by authorised justices
   42L.    Confirmation of freezing notices
   42M.    Orders for the management of property
   42N.    Undertakings as to payment of damages or costs
   42O.    Contravention of freezing notices
   42P.    Duration of freezing notices
   42Q.    Effect of other orders on freezing notices
   42R.    Purchase of property
   42S.    Return of property
   42T.    Arrangements for management of property
   42U.    Appeals against refusal to confirm freezing notice
   42V.    Court may make further orders relating to freezing notices

           Division 2 - Restraining orders

   43.     Restraining orders
   43A.    Restraining orders--drug trafficker declarations
   44.     Notice of applications and orders
   44A.    Powers of Supreme Court to set aside or vary restraining orders not affected
   45.     Supreme Court may make further orders relating to restraining orders
   45A.    Contravention of restraining orders
   45B.    Time when restraining order ceases to be in force

           Division 3 - General provisions applying to restraining orders and freezing notices

   46.     Order for taxation of legal expenses to be met out of restrained or frozen property
   47.     NSW Trustee and Guardian or Commissioner of Police to discharge confiscation order
   48.     Charge on property subject to restraining order or freezing notice
   49.     Registration of restraining orders and freezing notices
   50.     (Renumbered)
   51.     Hindering or obstructing NSW Trustee and Guardian or Commissioner of Police
   51A.    Orders to furnish statements to NSW Trustee and Guardian or Commissioner of Police
   52.     Protection of NSW Trustee and Guardian and Commissioner of Police from liability in certain cases
   53.     Fees payable to NSW Trustee and Guardian or Commissioner of Police
   54.     Court may revoke orders or notices
   55.     (Renumbered)
   56.     (Repealed)
   57.     Certificate by NSW Trustee and Guardian or Commissioner of Police

   PART 4 - INFORMATION GATHERING POWERS

           Division 1 - Production orders

   58.     Applications for production orders
   59.     Making of production orders
   60.     Form of production orders
   61.     Powers under production orders
   62.     Effect of production orders on proceedings etc
   63.     Variation of production orders
   64.     Failure to comply with production orders

           Division 2 - Search powers

   65.     Powers to search for, and seize, documents relevant to locating etc property
   66.     Application for search warrant for location etc of property
   67.     Search warrant for location etc of property
   67A.    Application for search warrant for location of property-tracking document
   67B.    Seizure of property-tracking documents
   67C.    Obstruction of persons executing a search warrant

           Division 3 - Monitoring orders

   68.     Monitoring orders
   69.     Making of monitoring orders
   70.     Existence and operation of monitoring order not to be disclosed
   71.     Communication of information by financial institutions to prescribed authorities
   71A.    Giving notices to financial institutions
   71B.    Content of notices to financial institutions
   71C.    Offences relating to notices
   72.     Protection for financial institutions

   PART 5 - OFFENCES

   73.     (Repealed)
   74.     Proceedings for offences
   75.     Proof of certain matters not required
   76.     Conduct by directors, servants or agents

   PART 6 - INTERSTATE ORDERS

   77.     Registration of interstate instruments
   78.     Effect of registration of interstate forfeiture orders
   78A.    Effect of registration of interstate crime related property declarations
   79.     Effect of registration of interstate restraining orders
   80.     Revocation or variation of registered orders or declarations
   81.     Duration of registration
   82.     Cancellation of registration
   83.     Charge on property subject to registered interstate restraining orders
   84.     Powers of NSW Trustee and Guardian in relation to interstate restraining orders
   85.     Interim registration of facsimile copies

   PART 7 - MISCELLANEOUS

   86.     Restriction on making applications
   87.     Provisions relating to courts
   88.     Commissioner for the Independent Commission Against Corruption
   88A.    Exercise of functions by Chief Commissioner of the Law Enforcement Conduct Commission
   89.     Interstate operation of New South Wales orders and notices
   90.     Costs incurred on variation of orders or notices on application by third parties
   91.     Duty not payable
   92.     Appeals
   93.     Operation of other laws not affected
   94.     Notices
   95.     Regulations
   96.     Repeal of Crimes (Confiscation of Profits) Act 1985 No 181 and Crimes (Confiscation of Profits) Regulation 1986
   97.     Review of certain provisions relating to restrained property and drug trafficker declarations
           SCHEDULE 1