1 Name of Act
2 Commencement and duration
3 Principal objects
4 Definitions
5 Proceedings are civil, not criminal
6 Meaning of “serious crime related activity”
7 Meaning of “interest in property”
8 Meaning of “effective control of interest in property”
9 Meaning of “serious crime derived property” and “illegally acquired property”
9A Meaning of “fraudulently acquired property”
10 Nature of “restraining order”
10A Proceedings for restraining orders
10B Contents and effect of restraining orders
10C Review of restraining orders
10D Duration of restraining orders
11 Notice of restraining order
12 Supreme Court may make further orders
13 Privilege
13A Privilege against self-incrimination
14 Supreme Court may order sale
15 Recording of restraining order
16 Contravention of restraining order
16A Restrictions on payment of legal expenses from restrained property
16B Maximum legal expenses that can be met from restrained property
17 Order for taxation of legal expenses
18 Protection of NSW Trustee and Guardian
19 Fees payable to NSW Trustee and Guardian
20 Effect on restraining order of refusal to make confiscation order
21 Certificate by NSW Trustee and Guardian
Division 1 Assets forfeiture orders
22 Making of assets forfeiture order
22A Assets forfeiture orders relating to external serious crime related activity
23 Effect of assets forfeiture order
23A Dealing with forfeited property prohibited
24 Relief from hardship—spouses and dependants
25 Exclusion of property from restraining order and assets forfeiture order
26 Exclusion of the value of innocent interests from assets forfeiture order
Division 2 Proceeds assessment orders and unexplained wealth orders
26A Application for proceeds assessment or unexplained wealth order
27 Making of proceeds assessment order
28 Assessment for proceeds assessment order—illegal activity proceeds
28A Making of unexplained wealth order
28B Assessment for unexplained wealth order—unexplained wealth
28C General provisions applying to proceeds assessment and unexplained wealth orders
29 Enforcement of order against property under effective control
30 NSW Trustee and Guardian may discharge proceeds assessment order or unexplained wealth order
31 Charge on property
Division 2A Further orders if interests in property not disclosed
31A Assets forfeiture orders after interests in property not disclosed
31B Proceeds assessment orders or unexplained wealth orders after interests in property not disclosed
31C Exclusion of the value of interests from orders
Division 2B Ancillary orders relating to confiscation orders
31D Additional orders where application made for confiscation order or order relating to evidence, warranty or representation made in proceedings for confiscation order
Division 3 Confiscated Proceeds Account
32 Establishment and use of Proceeds Account
Part 4 Information gathering powers
33 Making of production order
34 Powers under production order
35 Effect of production order on proceedings etc
36 Variation of production order
37 Failure to comply with production order
37A Prohibited disclosures about production orders
Division 2 Search powers (general)
38 Search warrants
39 Seizure of property and searching of person
40 Responsibility for seized property
41 Return of certain seized property
42 Obstruction etc of person executing warrant
42A Disposal of seized property to Commission
Division 3 Search powers (property tracking)
43 Consent to search for, and to seizure of, property-tracking document
44 Application for search warrant for location of property-tracking document
45 Search warrant for location etc of property
46 Requirements of search warrant
47 Other documents and evidence may be seized
47A Legal professional privilege
48 Monitoring orders
49 Offences relating to monitoring order
50 Existence and operation of monitoring order not to be disclosed
51 Communication of information by financial institutions to prescribed authorities
52 Protection for financial institution—money laundering
Part 4A Recognition of interstate instruments
52A Registration of interstate orders
52B Effect of registration of interstate restraining orders
52C Effect of registration of interstate assets forfeiture orders
52D Effect of registration of interstate crime related property declarations
52E Duration of registration
52F Cancellation of registration
52G Charge on property subject to interstate restraining order
52H Powers of NSW Trustee and Guardian in relation to interstate restraining orders
52I Interim registration of facsimile or other electronic copies
53 Proceedings for offences
54 Proof of certain matters
55 Conduct of directors, employees or agents
56 Serious crime related activity can form basis of a number of orders
57 Orders can be extended to innocent interests
58 Effect of death of person involved
58A Effect of death of joint owner of restrained property
59 Arrangements to avoid operation of Act
59A Ministerial arrangements for things seized in connection with extra-territorial offences
60 Act binds Crown
61 Restriction on functions
62 Orders made by consent
63 Stay of proceedings
64 Stamp duty
65 Requirements to give notice
66 Transitional provision
66A Savings and transitional provisions
67 Regulations
68–70 (Repealed)