New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 47

47 NSW Trustee and Guardian or Commissioner of Police to discharge confiscation order

(1) If--

(a) the NSW Trustee and Guardian or Commissioner of Police has, under a restraining order or freezing notice, taken control of particular property, or of all the property, of a person, and

(b) a confiscation order has been made in reliance on the conviction of the person,

an appropriate court may, on application by the NSW Trustee and Guardian or Commissioner, make an order (in this section referred to as the
"later order" ) directing the NSW Trustee and Guardian or Commissioner to pay to the State, out of that property, an amount equal to the penalty amount.

(2) For the purpose of enabling the NSW Trustee and Guardian or Commissioner to comply with the later order, the appropriate court may, by that order or by a subsequent order--

(a) direct the NSW Trustee and Guardian or Commissioner to sell or otherwise dispose of such of the property that is under the control of the NSW Trustee and Guardian or Commissioner as the court specifies, and

(b) appoint an officer of the court or any other person to execute any deed or instrument in the name of the person who owns or has an estate, interest or right in the property and to do all acts and things necessary to give validity and operation to the deed or instrument.

(3) The execution of the deed or instrument by the person so appointed has the same force and validity as if it had been executed by the person who owned or had an estate, interest or right in the property.

(4) As soon as practicable after the making of the later order, the NSW Trustee and Guardian or Commissioner--

(a) shall apply the money which has come into the NSW Trustee and Guardian's or Commissioner's possession or under the NSW Trustee and Guardian's or Commissioner's control because of the sale or disposition of any of the property specified in the later order, or the subsequent order, or otherwise in the course of performing the NSW Trustee and Guardian's or Commissioner's duties in respect of the property to which the restraining order or freezing notice relates, in payment of--

(i) the fees payable in connection with, and

(ii) the expenses incurred by the NSW Trustee and Guardian or Commissioner in or in connection with,

the performance of the duties imposed on the NSW Trustee and Guardian or Commissioner under the restraining order or freezing notice, including the expenses incurred by the NSW Trustee and Guardian or Commissioner in or in connection with the sale or disposition of any of the property to which the restraining order or freezing notice relates, and

(b) shall, subject to subsection (5), pay the remainder of the money referred to in paragraph (a), after the payments referred to in that paragraph have been made, to the State.

(5) If the money to which subsection (4) (b) applies exceeds the penalty amount, the NSW Trustee and Guardian or Commissioner shall--

(a) pay to the State, out of that money, an amount equal to the penalty amount, and

(b) pay the balance of that money to the person.

(6) Where the NSW Trustee and Guardian or Commissioner pays, in accordance with the later order, money to the State in respect of the liability of a person under a confiscation order, the liability of the person under the confiscation order shall, to the extent of the payment, be taken to be discharged.