FORFEITURE OF PROPERTY
NSW LEGISLATION
NSW CRIME COMMISSION
Criminal Assets Recovery Act 1990 (NSW) (CARA).
Section 22 sets out the forfeiture regime. Providing a restraining order is in place and it is more probable than not that the person whose suspected serious crime related activity formed the basis of the restraining order, was at any time not more than 6 years before the making of the application for the assets forfeiture order, engaged in a serious crime related activity, then the Supreme Court must make an assets forfeiture order.
NSW OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTIONS
Confiscation of Proceeds of Crime Act 1989 (NSW) (COPOC).
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This statute is conviction based and operated primarily by the NSW DPP. If the offence is deemed serious pursuant to section 5, then the forfeiture process is set out pursuant to section 18. The first step is to prove that the property sought to be forfeited is tainted and then the onus is on the convicted person to avoid the discretion to forfeit by evidencing the normal and intended use of the asset and/or demonstrating hardship.