New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 13

13 Applications for confiscation orders

(1) If a person is convicted of a serious offence other than a drug trafficking offence, an appropriate officer may apply to an appropriate court for one or both of the following orders--

(a) a forfeiture order against property that is tainted property or substitutable tainted property in respect of the offence,

(b) a pecuniary penalty order against the person in respect of benefits derived by the person from the commission of the offence.

(2) If a person is convicted of a drug trafficking offence, an appropriate officer may apply to an appropriate court for one or both of the following orders--

(a) a forfeiture order against property that is tainted property or substitutable tainted property in respect of any drug trafficking offences,

(b) a drug proceeds order against the person in respect of benefits derived by the person from the commission of any drug trafficking offences.

(3) An application must be made before the end of the relevant period in relation to the conviction, except with the leave of the Supreme Court.

(3A) The Supreme Court must not grant leave under subsection (3) unless--

(a) the property or benefit to which the application relates is--

(i) property of the kind referred to in paragraph (d) of the definition of
"tainted property" in section 4 (1), or

(ii) a benefit of the kind referred to in section 25 (2) (a1) or 30 (1) (b), and

(b) the Court is satisfied that--

(i) the property or benefit was derived, realised or identified only after the end of the relevant period, or

(ii) necessary evidence became available only after the end of that period, or

(iii) it is otherwise in the interests of justice to do so.

(4) An application may be made under subsection (1) (b) in relation to one or more serious offences.

(5) If an application under subsection (1) or subsection (2) has been finally determined, no further application may be made under that subsection in relation to the same conviction, except with the leave of the Supreme Court or in such circumstances as are prescribed.

(6) The Supreme Court shall not grant leave unless satisfied that--

(a) the tainted property or substitutable tainted property, or the benefit, to which the new application relates was identified only after the first application was determined, or

(b) necessary evidence became available only after the first application was determined, or

(c) the Court is otherwise satisfied that it is in the interests of justice to grant the leave.

(7) Section 34A prevails over this section to the extent of an inconsistency.