New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 21I

21I Appeal against dismissal of dispute claim

(1) A claimant may apply to the Supreme Court for the recovery of the claimant's interest in property the subject of a dispute claim--

(a) made by the claimant, and

(b) dismissed by the Commission.

(2) The appeal must be made within 60 days of the applicant receiving notice of the dismissal.

(3) The Supreme Court may--

(a) make an order for the following--

(i) if the interest in the property has not been sold or otherwise disposed of--that ownership of the interest in the property vests in the claimant and the interest in the property must be returned to the claimant,

(ii) if the interest in the property has been sold or otherwise disposed of--that the Crown pay to the claimant the amount held under section 21E(2), or

(b) otherwise--dismiss the appeal.

(4) The Supreme Court must not make an order under subsection (3)(a) unless the Court is satisfied it is more probable than not that--

(a) the claimant has an interest in the property, and

(b) the interest in the property is not illegally acquired property.