New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 32E

32E Evidentiary certificate

(1) A certificate of evidence issued in accordance with this section is evidence of the following, if specified in the certificate--

(a) that a relevant notice or order has been made and is in force,

(b) that a relevant notice or order was or was not subject to a term or condition,

(c) that an obligation, power or direction was or was not conferred on the NSW Trustee and Guardian by a relevant notice or order,

(d) that an interest in property was or was not subject to a relevant notice or order,

(e) that an interest in property subject to a relevant notice or order was or was not sold or otherwise disposed of,

(f) that an interest in property subject to a relevant notice or order was or was not vested in the NSW Trustee and Guardian,

(g) that an ancillary order under section 12 has been made and is in force,

(h) other matters prescribed by the regulations.

(2) An evidentiary certificate must--

(a) relate to a relevant notice or order that--

(i) has been made and is in force, and

(ii) confers obligations on, or gives a direction to, the NSW Trustee and Guardian, and

(b) be signed by the Chief Executive Officer of the NSW Trustee and Guardian or by an officer authorised by the Chief Executive Officer, and

(c) be sealed with the seal of the NSW Trustee.

(3) The certificate--

(a) must be accepted by other persons, whether or not acting under this or another Act, as evidence of the matter certified, and

(b) is admissible in criminal or civil proceedings under this Act as evidence of the matter certified, in the absence of evidence to the contrary.