1 Name of Act
2 Commencement
3 Principal objects
4 Definitions
5 Meaning of “conviction of serious offence”
6 Meaning of “absconding”
7 Meaning of “serious offence” and “serious drug offence”
8 Related offences
9 Meaning of “dealing with property”
10 Effective control of property
11 Act to bind Crown
12 Application
Division 1 Applications for confiscation orders
13 Applications for confiscation orders
14 Notice of applications
15 Amendment of applications
16 Making of confiscation orders if person has absconded
17 Procedure on applications
18 Forfeiture orders
19 Effects of forfeiture orders
20 Effects of forfeiture orders on third parties
21 Discharge of forfeiture orders
22 Orders pending forfeiture
Division 3 Pecuniary penalty orders
23 Application of Division
24 Pecuniary penalty orders
25 Assessment of pecuniary penalty
26 Discharge of pecuniary penalty orders
27 Court may lift corporate veil etc
Division 4 Drug proceeds orders
28 Application of Division
29 Drug proceeds orders
30 Assessment of proceeds of drug trafficking
31 Statements relating to drug trafficking
31A Evidence as to value of drugs and other matters
32 Court may look at property subject to effective control of defendant
33, 34 (Repealed)
Part 3 Control of property liable to confiscation
35 Definitions
36 Search warrants
37 Seizure of property pursuant to warrants
38 Search and arrest of persons pursuant to warrants
39 Issue of warrants if charge not laid
40 Commissioner of Police responsible for seized property
41 Return of seized property
42 Obstruction etc of person executing warrant
42A Definitions
42B Applications for freezing notices
42C Issue of freezing notices
42D Form of freezing notice
42E Telephone freezing notices
42F Notice of issue of freezing notice
42G False or misleading information in applications
42H Record of proceedings before authorised justice
42I Application to confirm freezing notice
42J Notice to third parties
42K Appeals against freezing notices issued by authorised justices
42L Confirmation of freezing notices
42M Orders for the management of property
42N Undertakings as to payment of damages or costs
42O Contravention of freezing notices
42P Duration of freezing notices
42Q Effect of other orders on freezing notices
42R Purchase of property
42S Return of property
42T Arrangements for management of property
42U Appeals against refusal to confirm freezing notice
42V Court may make further orders relating to freezing notices
43 Restraining orders
44 Notice of applications and orders
44A Powers of Supreme Court to set aside or vary restraining orders not affected
45 Supreme Court may make further orders relating to restraining orders
45A Contravention of restraining orders
45B Time when restraining order ceases to be in force
Division 3 General provisions applying to restraining orders and freezing notices
46 Order for taxation of legal expenses to be met out of restrained or frozen property
47 NSW Trustee and Guardian or Commissioner of Police to discharge confiscation order
48 Charge on property subject to restraining order or freezing notice
49 Registration of restraining orders and freezing notices
50 (Renumbered as sec 45A)
51 Hindering or obstructing NSW Trustee and Guardian or Commissioner of Police
51A Orders to furnish statements to NSW Trustee and Guardian or Commissioner of Police
52 Protection of NSW Trustee and Guardian and Commissioner of Police from liability in certain cases
53 Fees payable to NSW Trustee and Guardian or Commissioner of Police
54 Court may revoke orders or notices
55 (Renumbered as sec 45B)
56 (Repealed)
57 Certificate by NSW Trustee and Guardian or Commissioner of Police
Part 4 Information gathering powers
58 Applications for production orders
59 Making of production orders
60 Form of production orders
61 Powers under production orders
62 Effect of production orders on proceedings etc
63 Variation of production orders
64 Failure to comply with production orders
65 Powers to search for, and seize, documents relevant to locating etc property
66 Application for search warrant for location etc of property
67 Search warrant for location etc of property
68 Monitoring orders
69 Making of monitoring orders
70 Existence and operation of monitoring order not to be disclosed
71 Communication of information by financial institutions to prescribed authorities
72 Protection where financial information given
73 (Repealed)
74 Proceedings for offences
75 Proof of certain matters not required
76 Conduct by directors, servants or agents
77 Registration of interstate instruments
78 Effect of registration of interstate forfeiture orders
78A Effect of registration of interstate crime related property declarations
79 Effect of registration of interstate restraining orders
80 Revocation or variation of registered orders or declarations
81 Duration of registration
82 Cancellation of registration
83 Charge on property subject to registered interstate restraining orders
84 Powers of NSW Trustee and Guardian in relation to interstate restraining orders
85 Interim registration of facsimile copies
86 Restriction on making applications
87 Provisions relating to courts
88 Commissioner for the Independent Commission Against Corruption
88A Commissioner for the Police Integrity Commission
89 Interstate operation of New South Wales orders and notices
90 Costs incurred on variation of orders or notices on application by third parties
91 Duty not payable
92 Appeals
93 Operation of other laws not affected
94 Notices
95 Regulations
96 Repeal of Crimes (Confiscation of Profits) Act 1985 No 181 and Crimes (Confiscation of Profits) Regulation 1986
97 Savings, transitional and other provisions