New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 97)

Part 1 - Preliminary

1 Definition

In this Schedule--

"the 1985 Act" means the Crimes (Confiscation of Profits) Act 1985 .

2 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any of the following Acts--

Crimes Legislation Amendment Act 2002 (but only to the extent that it amends this Act)

Confiscation of Proceeds of Crime Amendment Act 2005 (but only to the extent that it amends this Act)

Criminal Assets Recovery Amendment Act 2009

any other Act that amends this Act

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

3 Effect of repeal on acts done or decisions made

If this Act repeals and re-enacts (with or without modification) a provision of the 1985 Act, any act done or decision made under the provision repealed has effect after the repeal as if it had been done or made under the provision so re-enacted.

Part 2 - Provisions consequential on Confiscation of Proceeds of Crime Amendment Act 2005

4 Definition

In this Part--

"amending Act" means the Confiscation of Proceeds of Crime Amendment Act 2005 .

5 Freezing notices

Division 1A of Part 3, as inserted by the amending Act, applies to or in respect of--

(a) property acquired or seized before or after the commencement of that Division, and

(b) persons who committed serious offences (whether or not they were charged with those offences) before or after the commencement of that Division.

6 Interstate orders and other instruments

This Act, as amended by the amending Act, applies to or in respect of interstate forfeiture orders, interstate crime related property declarations and interstate restraining orders in force immediately before the commencement of this clause.

Part 3 - Provision consequent on enactment of Courts and Crimes Legislation Further Amendment Act 2008

7 Proceedings for offences

Section 74, as amended by Schedule 4 to the Courts and Crimes Legislation Further Amendment Act 2008 , extends to proceedings commenced before the commencement of that Schedule.

Part 4 - Provision consequent on enactment of Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016

8 Application of amendments

An amendment made by the Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 applies only in relation to a serious offence or serious drug offence that is committed on or after the commencement of the amendment.

Part 5 - Provision consequent on the enactment of Justice Legislation Amendment Act 2017

9 Application of amendment

Section 4, as amended by the Justice Legislation Amendment Act 2017 , extends to a person--

(a) who has been convicted of, but not sentenced for, a serious offence before the commencement of that amendment, or

(b) who was sentenced for a serious offence within the period of 6 months before the commencement of that amendment.

Part 6 - Provisions consequent on enactment of Confiscation of Proceeds of Crime Legislation Amendment Act 2022

10 Definition

In this Part--

"amending Act" means the Confiscation of Proceeds of Crime Legislation Amendment Act 2022 .

11 Automatic forfeiture of relevant property

Part 2, Division 1A, as inserted by the amending Act, does not apply to, or in relation to, a conviction made before 1 February 2023.

12 Applications for drug trafficker declarations

Section 34(1), as inserted by the amending Act, does not apply to, or in relation to, a conviction made before 1 February 2023.