New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 34A

34A Application for forfeiture order

(1) An appropriate officer may apply to the appropriate court for a forfeiture order in relation to the property belonging to, or in the effective control of, a person against whom a drug trafficker declaration is made.

(2) An application must be made no later than 12 months after the drug trafficker declaration is made against the person.

(3) The appropriate court must, on the application being made, make a forfeiture order in relation to the property unless the court is satisfied the property was lawfully acquired.

(4) The onus is on the person to prove the person’s property was lawfully acquired.

(5) If an application under this section has been finally determined, no further application may be made under this section in relation to the same drug trafficker declaration, except with the leave of the Supreme Court.

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

(a) the property 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) it is otherwise in the interests of justice to grant the leave.

(7) Property is
"unlawfully acquired" if the property-

(a) is all or part of the proceeds of unlawful activity, or

(b) is all or part of the proceeds of the disposal of, or other dealing in, property derived from unlawful activity, or

(c) was wholly or partly acquired using property derived from unlawful activity.

(8) Property is
"lawfully acquired" if it is not unlawfully acquired.

(9) Sections 14- 17 and 19- 22 apply to a forfeiture order made under this section in the same way as the provisions apply to a forfeiture order made under section 18.