New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 29

29 Drug proceeds orders

(1) If an application is made for a drug proceeds order against a person (in this Division called the
"defendant" ) convicted of a drug trafficking offence, the court must--

(a) determine whether the defendant has derived any benefit in connection with drug trafficking at any time, and

(b) if the court believes the defendant has so benefited, assess the value of any such benefit, and

(c) order the defendant to pay to the State a pecuniary penalty equal to the amount so assessed.

(2) If--

(a) property that is the proceeds of drug trafficking has been forfeited under this Act or a law of the Commonwealth, a Territory or another State, or

(b) a forfeiture order is proposed to be made against property that is proceeds of drug trafficking,

the pecuniary penalty to be made is taken to be reduced by an amount equal to the value of the property as at the time of the making of the forfeiture order.

(3) If--

(a) a court makes an order under this section in relation to an offence, and

(b) in calculating the penalty amount, the court took into account a proposed forfeiture order in respect of property, and

(c) an appeal against the forfeiture order is allowed or the proceedings for the proposed forfeiture order terminate without the proposed forfeiture order being made,

an appropriate officer may apply to the court for a variation of the order to increase the penalty amount by the value of the property and the court may, if it considers it appropriate to do so, vary the order accordingly.

(4) An amount payable by a defendant to the State in accordance with an order made under this section is, for all purposes, taken to be a civil debt due by the defendant to the State.

(5) An order made by a court under this section may be enforced as if it were an order made by the court in civil proceedings instituted by the State against the defendant to recover a debt due by the person to the State.