New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 22

22 Orders pending forfeiture

(1) If a person (in this section referred to as the
"defendant" ) has been convicted of a serious offence and an application is likely to be made to the Local Court or the District Court under section 13 or 34A for the making of a forfeiture order in relation to particular property, an appropriate officer may apply to the Local Court or District Court, ex parte, for an order under this section in respect of the property.

(2) A court to which an application is made under subsection (1) may, if it is satisfied that a forfeiture order may be made in respect of the property, by order direct that the property (or such part of the property as is specified in the order) is not to be disposed of by the person convicted of the serious offence or by any other person, except in such manner and in such circumstances (if any) as are specified in the order.

(3) If, while an order under this section is in force--

(a) a court makes a forfeiture order in respect of property to which the order relates, or

(b) no application for a forfeiture order is made before the end of the relevant period in relation to the defendant's conviction,

the court who made the order may--

(c) if it considers it appropriate, make an order setting aside the order in respect of the whole or a specified part of the property, and

(d) make such other order or orders as it considers appropriate in relation to the operation of the order.