New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 31

31 Statements relating to drug trafficking

(1) If--

(a) there is tendered to a court by the prosecution a statement as to any matters relevant to determining whether the defendant has benefited from drug trafficking or to the assessment of the value of the defendant's proceeds of drug trafficking, and

(b) the defendant accepts to any extent any allegation in the statement,

the court may, for the purposes of that determination and assessment, treat the defendant's acceptance as conclusive of the matters to which it relates.

(2) If--

(a) a statement is tendered under subsection (1) (a), and

(b) the court is satisfied that a copy of that statement has been served on the defendant,

the court may require the defendant to indicate to what extent the defendant accepts each allegation in the statement and, so far as the defendant does not accept any such allegation, to indicate any matters the defendant proposes to rely on.

(3) If the defendant fails in any respect to comply with a requirement under subsection (2), the defendant may be treated for the purposes of this section as accepting every allegation in the statement apart from--

(a) any allegation in respect of which the defendant has complied with the requirement, and

(b) any allegation that the defendant has benefited from drug trafficking or that any benefit was derived by the defendant in connection with drug trafficking carried on by the defendant or another.

(5) An allegation may be accepted or a matter indicated for the purposes of this section either--

(a) orally before the court, or

(b) in writing in accordance with the rules of court.

(6) No acceptance by the defendant under this section that any benefit was derived by the defendant in connection with drug trafficking carried on by the defendant or another shall be admissible in evidence in any proceedings for an offence.