New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 21C

21C Commission may issue assets forfeiture notice

(1) The Commission may issue a notice of intention to forfeit property (an
"assets forfeiture notice" ) if reasonably satisfied the interest in the property is one or more of the following kinds--

(a) an interest in property of a person suspected of engaging in serious crime related activity, whether or not a particular person is suspected of engaging in the serious crime related activity,

(b) an interest in property suspected of being serious crime derived property because of serious crime related activity,

(c) an interest in property held in a false name and suspected to be fraudulently acquired property that is illegally acquired property,

(d) an interest in property suspected of being--

(i) an available interest relating to serious crime use property, or

(ii) an interest capable of being the subject of a substituted serious crime use property declaration in relation to the serious crime related activity concerned.

(2) The Commission must give the notice--

(a) to each person the Commission knows or reasonably suspects has a beneficial interest in the property, and

(b) in accordance with the regulations.

(3) The notice must include the following information--

(a) a description of the property,

(b) the grounds on which the property is held by the relevant investigative agency, including the details of the seizure,

(c) the grounds on which the Commission has issued the notice,

(d) information about how to dispute the forfeiture, including the dispute period.

(4) The notice must be published, as soon as practicable after the notice is issued--

(a) in the Gazette, and

(b) in a daily newspaper circulating throughout New South Wales, and

(c) in the way approved by the Commission.

(5) In this section--

"substituted serious crime use property declaration" has the same meaning as in section 22AA(2).