New South Wales Consolidated Acts

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 48B

48B Disposal of property on application to court

(1) The Commission may apply to a court for an order under this Division in relation to property to which this Division applies if it appears to the Commission that no person is lawfully entitled to the property.

(2) A court to which such an application is made may order that the property be dealt with as the court thinks fit.

(3) Without limiting subsection (2), in determining an application a court may--

(a) order that the property be forfeited to the Crown, and

(b) make any necessary incidental or ancillary orders.

(4) Property ordered to be forfeited to the Crown--

(a) if money, is to be paid to the Treasurer for payment into the Consolidated Fund, or

(b) in any other case, may be sold by or on behalf of the Commission at public auction and the proceeds of sale paid to the Treasurer for payment into the Consolidated Fund.

(5) If the property is not money or is not fit or suitable for sale, or fails to sell at public auction, it is to be disposed of in accordance with the directions of the Commission.