New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 92

92 Appeals

(1) Without affecting any other right of appeal, a forfeiture order in relation to any property is appellable by any person who has an interest in the property--

(a) in the case of a person convicted of an offence in reliance on which the forfeiture order was made--as if the order were, or were part of, a sentence imposed in respect of the offence, or

(b) in any other case--as if the person had been convicted of a serious offence and the order were, or were part of, a sentence imposed in respect of the offence.

(2) Without affecting any other right of appeal, a pecuniary penalty order or drug proceeds order is appellable as if it were, or were part of, a sentence imposed in respect of the offence in relation to which the order was made.

(3) On appeal, a forfeiture order, pecuniary penalty order or drug proceeds order may be confirmed, discharged or varied.

(4) The Attorney General or the Director of Public Prosecutions may appeal to the Court of Criminal Appeal against a refusal by a court to make a drug proceeds order, forfeiture order, pecuniary penalty order or restraining order, and the Court of Criminal Appeal may in its discretion make such order as could have been made in the first instance.

(5) A drug proceeds order, forfeiture order, pecuniary penalty order or restraining order made by the Court of Criminal Appeal under subsection (4) shall be taken to have been made by the Supreme Court under this Act, but is not on that account subject to further appeal.