New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 21K

21K Relief from hardship--dependants

(1) A dependant of a person who will forfeit an interest in property under this Division may, within 60 days after the issue of the final notice in relation to the property, apply to the Supreme Court for an order under this section.

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

(3) If the Supreme Court is satisfied the forfeiture of the property will cause hardship to the dependant, the Court--

(a) may order that the dependant is entitled to be paid a specified amount out of the proceeds of sale of the interest, being an amount the Court thinks necessary to prevent hardship to the dependant, and

(b) if the dependant is under 18 years of age--may make ancillary orders for the purpose of ensuring the proper application of the amount.

(4) The Court must not make an order under this section in favour of the dependant unless the Court is satisfied the dependant had no knowledge of serious crime related activities or illegal activities that formed the basis of the forfeiture.

(5) Subsection (4) does not apply if the dependant is under 18 years of age.