New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 21J

21J Application to Supreme Court for recovery of forfeited property

(1) A person may, within 60 days after the issue of a final notice, apply to the Supreme Court for the recovery of the property to which the notice relates.

(2) The Supreme Court may grant leave to make the application up to 6 months after the issue of the final notice.

(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 applicant and the interest in the property must be returned to the applicant,

(ii) if the interest in the property has been sold or otherwise disposed of--that the Crown pay an amount to the applicant determined by the Court to be the value, on the day of the determination, of the applicant's former interest in the property, or

(b) otherwise--dismiss the appeal.

(4) The Supreme Court must not make an order under subsection (3)(a) unless the Court is satisfied of the following--

(a) it is more probable than not that--

(i) the applicant has an interest in the property, and

(ii) the interest is not illegally acquired property,

(b) the applicant has a reasonable excuse for failing to make a dispute claim in accordance with this Division,

(c) the applicant commenced the application as soon as reasonably practicable.