New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 35

35 Definitions

(1) In this Part--

"forfeiture order" includes an interstate forfeiture order.

"relevant serious offence" , in relation to property that is tainted property, means the serious offence by reason of the commission of which the property is tainted property.

"serious offence" includes an interstate serious offence.

"tainted property" includes property that--

(a) was used in, or in connection with, the commission of an interstate serious offence, or

(a1) is, by reason of a declaration or other order of a court of another State, to be treated under the law of that State as being property to which an interstate forfeiture order can apply in substitution for property of the kind referred to in paragraph (a), or

(b) was substantially derived or realised, directly or indirectly, by any person, from property used in, or in connection with, the commission of an interstate serious offence, or

(c) was substantially derived or realised, directly or indirectly, by any person, as a result of the commission of an interstate serious offence, or

(d) was substantially derived or realised, directly or indirectly, by any person for the depiction of a serious offence, or the expression of the offender's thoughts, opinions or emotions regarding the offence, in any public promotion.

(2) The question of whether a person has been charged with or convicted of an interstate serious offence shall, for the purposes of this Part, be determined in accordance with the corresponding law of the State concerned.