Criminal Assets Recovery Act 1990 (NSW)

Criminal Assets Recovery Act 1990 No 23

An Act to provide for the confiscation of interests in property that are interests of a person engaged in serious crime related activities; to enable proceeds of serious crime related activities to be recovered as a debt due to the Crown; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Criminal Assets Recovery Act 1990.

2 Commencement and duration (1) This Act commences on a day or days to be appointed by proclamation.

Editorial note— Day appointed for the purposes of this section: 3.8.1990—see Gazette No 97 of 3.8.1990, p 7096. (2) This Act is repealed 6 years after the day, or the earlier or earliest of the days, appointed under subsection (1) unless either House of Parliament earlier resolves to the contrary.

Editorial note— Resolution passed in Legislative Assembly on 19.6.1996 that the Act is not to be repealed in accordance with section 2 (2) of the Act.

3 Principal objects The principal objects of this Act are— (a) to provide for the confiscation, without requiring a conviction, of property of a person if the Supreme Court finds it to be more probable than not that the person has engaged in serious crime related activities, and (a1) to enable the current and past wealth of a person to be recovered as a debt due to the Crown if the Supreme Court finds there is a reasonable suspicion of one or more of the following, unless the person can establish the wealth was lawfully acquired— (i) the person has engaged in a serious crime related activity, (ii) the person has acquired proceeds from the serious crime related activity of another person, (iii) the person's current or previous wealth significantly exceeds the value of the person's lawfully acquired wealth, and (b) to enable the proceeds of illegal activities of a person to be recovered as a debt due to the Crown if the Supreme Court finds it more probable than not the person has engaged in any serious crime related activity in the previous 6 years or acquired proceeds of the illegal activities of such a person, and (b1) to provide for the confiscation, without requiring a conviction, of property of a person that is illegally acquired property held in a false name or is not declared in confiscation proceedings, and (c) to enable law enforcement authorities effectively to identify and recover property.