New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 66A)
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts--Drug Trafficking (Civil Proceedings) Amendment Act 1997Criminal Assets Recovery Amendment Act 2005Criminal Assets Recovery Amendment Act 2009Criminal Assets Recovery Amendment (Unexplained Wealth) Act 2010any other Act that amends this Act
(2) A provision referred to in subclause (1) may, if the regulations so provide, take effect from the date of assent to the Act concerned or from a later date.
(3) To the extent to which a provision referred to in subclause (1) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication.
In this Part--
"1997 amending Act" means the Drug Trafficking (Civil Proceedings) Amendment
Act 1997 .
An amendment made by the 1997 amending Act extends to a serious crime related activity that took place before the commencement of the amendment.
(1) An amendment made by the 1997 amending Act that relates to restraining orders, assets forfeiture orders or production orders, or orders ancillary to any of those orders, extends to orders, and applications for orders, made before the commencement of the amendment, except as otherwise provided by this Part.
(2) Section 16A does not extend to a restraining order made before the commencement of the section unless the restraining order does not, as at that commencement, make provision under section 10 (5) (b).
(3) Section 16B extends to a restraining order made before the commencement of the section but not so as to apply in respect of a legal service provided before the commencement of the section.
(4) The amendment made by the 1997 amending Act to section 16 (1) does not apply to a contravention of a restraining order that took place before the commencement of the amendment.
(5) The amendment made to section 25 (7) by the 1997 amending Act extends to an application for an exclusion order made but not heard before the commencement of the amendment.
(6) Section 58A does not apply in the case of a joint owner of property who died before the commencement of that section.
(1) An amendment made by the 1997 amending Act with respect to search warrants does not apply to a search warrant issued before the commencement of the amendment, except as provided by this clause.
(2) Section 42A extends to anything seized before the commencement of the amendment.
(1) This clause applies to an application for a proceeds assessment order that was made under section 27 before the commencement of the amendments made to that section by the 1997 amending Act and that had not commenced to be heard before the commencement of those amendments.
(2) An application to which this clause applies is taken to have been made under section 27 as amended by the 1997 amending Act, and both that section and section 28 apply as amended by the 1997 amending Act to the application.
(1) Section 54 (3) extends to a certificate referred to in that subsection issued before the commencement of the subsection.
(2) Section 54 (4) extends to a transcript of any proceedings that took place before the commencement of the subsection.
(3) Section 54 (5) extends to a transcript of any examination that took place before the commencement of the subsection.
The change of name by the 1997 amending Act of the Account established under section 32 does not affect the identity or continuity of that Account.
In this Part--
"2005 amending Act" means the Criminal Assets Recovery Amendment Act 2005 .
An amendment made to this Act by the 2005 amending Act extends to serious crime related activities or illegal activities that took place before the commencement of that amendment.
This Act applies to fraudulently acquired property that was acquired before the commencement of section 9A (as inserted by the 2005 amending Act).
The amendments made to this Act by the 2005 amending Act extend to property in the custody or under the control of the Commission or the Commissioner of Police immediately before the commencement of this clause.
Sections 31A and 31B, as inserted by the 2005 amending Act, do not apply to or in respect of assets forfeiture orders made before the commencement of section 31A.
Part 4A (as inserted by the 2005 amending Act) extends to interstate restraining orders, interstate crime related property declarations and interstate assets forfeiture orders in force immediately before the commencement of that Part.
In this
Part--
"ancillary order" means--
(a) an order purported to be made before 12 November 2009 under section 10 (4) or (5), 12 (1) (a), (c), (c1), (d) or (e) or 17 (as in force when the order was purported to be made) in respect of a former restraining order, and
(b) any order for costs associated with a former restraining order or any order referred to in paragraph (a).
Note : A former restraining order includes an ancillary order.
(1) The provisions of a current former restraining order, as purported to be in force before 12 November 2009, have effect by force of this clause on and from the date on which the order was purported to be made or otherwise purported to take effect.
(2) This Act and any other law apply to or in respect of restraining provisions in the same way that they apply to or in respect of a restraining order or ancillary order of the same kind made under this Act.
(3) Without limiting subclause (2), restraining provisions cease to have effect, in accordance with this Act, as if they were a restraining order or ancillary orders of the same kind made by the Supreme Court under this Act.
(4) Any thing done or omitted to be done under this Act or any other law in respect of a current former restraining order or any interest in property purported to be subject to a current former restraining order is taken to have been done or omitted in respect of the corresponding restraining provisions or interest in property subject to those provisions.
(5) This clause does not give effect to the provisions of any order that is set aside or discharged by a court after 12 November 2009 (for any reason) and before the date of introduction into Parliament of the Bill for the 2009 Act in respect of any period after the order was set aside or discharged.
(6) This clause does not apply to the specific restraining orders the subject of proceedings in the Court of Appeal in International Finance Trust Company Limited [#38] Anor v New South Wales Crime Commission[2008[#93] NSWCA 291 .
(1) Restraining provisions may be the subject of an application under section 10C. Any such application must be made not later than 28 days after the commencement of the 2009 Act.
(2) An application under section 10C in respect of restraining provisions may relate to the circumstances of the grant of the current former restraining order concerned.
(3) Despite subclause (2), the following matters may not be the basis of an application to the Supreme Court to set aside restraining provisions--(a) that the affidavit on which the current former restraining order was based contained evidence that was inadmissible,(b) that the judge who determined the application for the current former restraining order failed to supply reasons for the determination,(c) that the current former restraining order was invalid because of the invalidity of section 10 (as purported to be in force immediately before 12 November 2009) on constitutional grounds.Note : The restraining provisions have effect because of clause 16 (1) and are not orders of the Supreme Court.
(4) The Supreme Court may, at any time on the application of the Commission, make an order setting aside restraining provisions.
(1) This clause excludes liability, or compensation, or relief, only if the liability or claim for compensation or relief arises wholly or partly (whether directly or indirectly) from the determination by the High Court in International Finance Trust Company Limited v New South Wales Crime Commission[2009[#93] HCA 49 (12 November 2009) of the invalidity, on constitutional grounds, of section 10 of this Act (as purported to be in force immediately before 12 November 2009).
(2) The State does not incur any liability, and compensation is not payable by or on behalf of the State, arising directly or indirectly from any of the following matters--(a) the enactment of the 2009 Act,(b) the operation or enforcement of, or compliance with, a former restraining order or an existing assets forfeiture order,(c) the operation or enforcement of this Act or any other law, or the exercise by any person of a function under this Act or any other law, in respect of any such order or any interest in property subject to such an order,(d) any statement or conduct relating to a former restraining order or any interest in property subject to such an order that would have been lawful if the former restraining order were in force,(e) the payment of any fees to the NSW Trustee and Guardian in respect of the exercise of functions relating to a former restraining order or an existing assets forfeiture order,(f) without limiting paragraph (b) or (c), the imposition of any penalty (whether civil or criminal) as a result of the enforcement of a former restraining order or an existing assets forfeiture order,(g) without limiting paragraph (b) or (c), any undertakings as to damages given in relation to former restraining orders or existing assets forfeiture orders.
(3) No proceedings may be instituted against the State for compensation or other relief, whether arising at law or in equity, for the purpose of--(a) restraining any action in relation to an interest in property in accordance with a former restraining order or an existing assets forfeiture order, or(b) obtaining compensation for loss or damage arising directly or indirectly from a matter referred to in subclause (2).
(4) This clause applies to or in respect of any act, statement or conduct whether occurring before or after the commencement of this clause.
(5) In this clause--
"compensation" includes damages or costs or any other form of compensation (whether or not monetary).
"conduct" includes any act or omission, whether unconscionable, misleading, deceptive or otherwise.
"former restraining order" includes an existing interstate restraining order.
"statement" includes a representation of any kind--(a) whether made verbally or in writing, and(b) whether negligent, false, misleading or otherwise.
(6) This clause has effect despite any provision of this Act or any other law.
(1) An existing assets forfeiture order is not invalid merely because there was no valid restraining order in force when the application for the existing assets forfeiture order was made or when the existing assets forfeiture order was made.
(2) The validity of an existing assets forfeiture order is not subject to challenge in any court on the ground that there was no valid restraining order in force when the application for the existing assets forfeiture order was made or when the existing assets forfeiture order was made.
(3) Any act or omission with respect to an existing assets forfeiture order or property affected by such an order done or omitted before the commencement of the 2009 Act is taken to have been validly done or omitted, if it would have been valid if it had been done or omitted after that commencement.
(1) An existing forfeiture application is taken to have been validly made and may be granted by the Supreme Court under section 22 whether or not a restraining order is made in respect of interests in property the subject of the application.
(2) An application made under section 14 relating to an existing forfeiture application, and not determined before the date of assent to the 2009 Act, is taken to have been validly made and may be granted by the Supreme Court.
(3) Nothing in subclause (1) prevents an application being made for a restraining order in respect of an interest in property that is the subject of an existing forfeiture application.
(1) This Act (other than sections 10-10D, as inserted by the 2009 Act) applies, and is taken to have always applied, to an existing interstate restraining order on registration under this Act as if it were a restraining order made under section 10A (as substituted by the 2009 Act).
(2) Any act or omission with respect to an existing interstate restraining order or property affected by such an order done or omitted before the commencement of the 2009 Act is taken to have been validly done or omitted, if it would have been valid if it had been done or omitted after that commencement.
A person is not, because of clause 16, liable to prosecution for any act or omission if the act or omission did not, at the time it occurred, constitute an offence.
The Commission is not required to take action under section 15 (4) in respect of a current former restraining order merely because of the effect on that order of the invalidity of section 10 (as purported to be in force immediately before 12 November 2009) on constitutional grounds.
Regulations under clause 1 may have effect despite any provision of this Part.
(1) This Act, as in force before the commencement of the Criminal Assets Recovery Amendment (Unexplained Wealth) Act 2010 , continues to apply to an application for a restraining order or a proceeds assessment order that was made, but not finally determined, before that commencement.
(2) Despite subclause (1), the proceeds of any proceeds assessment order made before that commencement that are received after that commencement are to be dealt with under section 32 as in force after that commencement.
(1) The amendments made to this Act by the Criminal Assets Recovery Amendment Act 2014 extend to--(a) activities engaged in, and to proceeds that were derived or realised, before the commencement of those amendments, and(b) applications for orders under this Act made (but not yet determined) before the commencement of those amendments.
(2) Nothing in those amendments affects the validity of any order made under this Act before the commencement of the amendments.
An amendment made by the Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 applies only in relation to serious crime related activity that occurs on or after the commencement of the amendment.
In this Part--
"2022 amending Act" means the Confiscation of Proceeds of Crime Legislation
Amendment Act 2022 .
(1) An amendment made by the 2022 amending Act extends to a serious crime related activity that occurred before 1 February 2023.
(2) An amendment made by the 2022 amending Act does not apply to proceedings pending immediately before 1 February 2023.
Sections 63 and 63A, as inserted by the 2022 amending Act, apply to the following--
(a) proceedings pending immediately before 1 February 2023,
(b) proceedings commenced on or after 1 February 2023,
(c) applications pending immediately before 1 February 2023 for a stay of proceedings,
(d) applications for a stay of proceedings made on or after 1 February 2023.