New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 19

19 Effects of forfeiture orders

(1) If a court makes a forfeiture order in respect of property--

(a) the property vests in the Crown in right of New South Wales (or in such State authority as is specified in the forfeiture order) to the extent of the estate, interest or rights (if any) specified in the forfeiture order, and

(b) the property so vests subject to every charge or encumbrance to which the property was subject immediately before the forfeiture order was made and, in the case of land under the provisions of the Real Property Act 1900 , is subject to every mortgage, lease or other interest recorded in the Register kept under that Act, and

(c) if the property is not already in the possession of the State, the State may take possession of the property.

(2) Nothing in subsection (1) affects the operation of section 86 of the Real Property Act 1900 in relation to a forfeiture order made in respect of land.

(3) If a court makes a forfeiture order in respect of property--

(a) the property shall not, except with the leave of an appropriate court and in accordance with any directions of the court, be disposed of, or otherwise dealt with, by or on behalf of the State, before the relevant time, and

(b) if, at the relevant time, the forfeiture order has not been discharged, the property may be disposed of, or otherwise dealt with--

(i) in accordance with any direction of the Attorney General or of a person authorised by the Attorney General for the purposes of this subparagraph, or

(ii) in accordance with any other applicable law.

(4) In subsection (3)--

"relevant time" , in relation to property that is the subject of a forfeiture order, means--

(a) if--

(i) the period provided for the lodging of an appeal against the forfeiture order has expired without such an appeal having been lodged--the expiration of that period, or

(ii) an appeal against the forfeiture order has been lodged--the time when the appeal lapses or is finally determined, as the case requires, or

(b) if--

(i) the period provided for the lodging of an appeal against the conviction for the relevant serious offence has expired without such an appeal having been lodged--the expiration of that period, or

(ii) an appeal against the conviction has been lodged--the time when the appeal lapses or is finally determined, as the case requires,

whichever is the later.