86 Restriction on making applications
If an application for a confiscation order has been made to an appropriate court, no further application in relation to the same matter may be made to another court, except with the leave of the Supreme Court or in such circumstances as may be prescribed.
87 Provisions relating to courts
(1) If an application is made for a confiscation order to a court before which a person was convicted of a serious offence:(a) the application may be dealt with by that court, and(b) any function may be exercised by that court in relation to the confiscation order,whether or not that court is constituted in the same way as it was constituted when the person was convicted of the offence.(2) The Local Court may not, in relation to the conviction of a person for a particular offence, make a forfeiture order in respect of property unless it is satisfied that the value of the property (together with the value of any other property the subject of any other undischarged forfeiture order made by the Local Court in relation to the same conviction of that person) does not exceed the maximum amount that may be awarded by the Local Court when exercising its general civil jurisdiction.(3) The Local Court may not make a pecuniary penalty order against a person unless it is satisfied that the amount payable under the order (together with the amount payable under any other undischarged pecuniary penalty order made against the person by the Local Court) would not exceed the maximum amount that may be awarded by the Local Court when exercising its general civil jurisdiction.(3A) The Local Court may not make a drug proceeds order against a person for an amount that exceeds the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007.(4) The Local Court may not make a forfeiture order in respect of land, except in such circumstances as may be prescribed.(5) For the purposes of this section, the value of property shall be as determined by the Local Court.(6) Nothing in this section prevents the Local Court from exercising its jurisdiction in relation to a freezing notice issued in relation to land or in relation to property whose value exceeds the jurisdictional limit of the Local Court when sitting in its General Division within the meaning of the Local Court Act 2007.(7) Proceedings before the Local Court on an application for a forfeiture order or drug proceeds order, or on an application for confirmation or setting aside of a freezing notice, are to be dealt with by the Court sitting in its General Division within the meaning of the Local Court Act 2007.
88 Commissioner for the Independent Commission Against Corruption
The Commissioner for the Independent Commission Against Corruption may exercise any functions under this Act only after consultation with the Director of Public Prosecutions, and shall consider whether any such function should instead be exercised by the Director.
88A Commissioner for the Police Integrity Commission
(1) The Commissioner for the Police Integrity Commission may exercise any function under this Act only:(a) after consultation with the Director of Public Prosecutions, or(b) in conformity with an arrangement referred to in section 84 of the Police Integrity Commission Act 1996,and must consider whether any such function should instead be exercised by the Director.(2) It is intended that the Commissioner for the Police Integrity Commission will exercise a function under this Act only in connection with matters arising during or out of the Police Integrity Commission’s own investigations. However, this subsection does not provide any grounds for an appeal against or any other challenge to the exercise by the Commissioner of any such function.
89 Interstate operation of New South Wales orders and notices
(1) For the purpose of enabling a forfeiture order, restraining order or freezing notice to be registered under the corresponding law of another State, the order or notice may be expressed to apply to property in that State.(2) For the purpose of enabling a forfeiture order, restraining order or freezing notice to be registered under a law in force in a Territory, the order or notice may be expressed to apply to property in the Territory.(3) A forfeiture order, restraining order or freezing notice does not apply to property in a corresponding State or in a Territory, except in so far as:(a) a corresponding law of that State provides that the order or notice has effect in that State following registration under that law, or(b) a law in force in that Territory provides that the order or notice has effect in the Territory following registration under that law, or(c) the property was movable property and was located elsewhere than in a corresponding State or in a Territory when the order or notice took effect.(4) In this section:corresponding State means a State for which a declaration of a corresponding law is in force under this Act.
90 Costs incurred on variation of orders or notices on application by third parties
(1) If:(a) a court makes an order under this Act varying a forfeiture order, restraining order or freezing notice that is registered under a corresponding law of another State, and(b) the variation is made on the application of a third party and affects the interests of the third party in relation to property in that other State,the court may order that the actual costs incurred by the third party in applying for and obtaining the variation be paid to the third party.(2) The court may instead order that part only of those costs be paid, if it is satisfied that special circumstances warrant such an order.(3) The costs shall be paid by a person or authority specified by the court.(4) The court may direct in what manner the costs are to be ascertained.(5) Nothing in this section limits the powers of the court to award costs under any other law.(6) In this section:third party, in relation to a forfeiture order, restraining order or freezing notice, means a person who is not the subject of the order or notice.
vary includes limit the manner in which an order or notice applies.
No duty is payable under the Duties Act 1997 in respect of:(a) the transfer of any property under section 20 (effects of forfeiture orders on third parties), or(b) the return of any property under section 21 (discharge of forfeiture orders) or section 42S (return of property).
(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.
93 Operation of other laws not affected
Nothing in this Act limits or restricts the operation of any other law providing for the forfeiture of property.
(1) The regulations may make provision for or with respect to the giving of notices under this Act.(2) Rules of court may make provision for or with respect to the giving of notices under this Act.(3) If a notice is required to be given under this Act and the regulations or rules of court make provision for or with respect to the giving of the notice, the notice shall be given in accordance with the relevant provisions.(4) The regulations shall prevail to the extent of any inconsistency with the rules of court.(5) (Repealed)
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) A regulation declaring a kind of order to be within a definition may do so by reference to the interstate serious offences involved.(3) A regulation declaring a law to be a law that corresponds to this Act may provide that the declaration applies only for prescribed provisions of this Act.
96 Repeal of Crimes (Confiscation of Profits) Act 1985 No 181 and Crimes (Confiscation of Profits) Regulation 1986
(1) The Crimes (Confiscation of Profits) Act 1985 is repealed.(2) The Crimes (Confiscation of Profits) Regulation 1986 is repealed.
97 Savings, transitional and other provisions
Schedule 1 has effect.