New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 17D

17D Exclusion orders

(1) A person may, during the relevant period, apply to the relevant court for an order excluding some or all of the relevant property from forfeiture under this Division (an
"exclusion order" ).

(2) The person must give written notice to the relevant authority of--

(a) the making of the application, and

(b) the grounds on which the application is made.

(3) The relevant authority may appear and adduce evidence at the hearing of the application.

(4) On hearing the application for the exclusion order, the court may--

(a) direct that the relevant property be returned to the applicant if the court is satisfied, on the balance of probabilities, that--

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

(ii) the interest in the property is not--

(A) tainted property, or

(B) if the relevant property relates to a restraining order made under section 43A--unlawfully acquired property, or

(b) otherwise--dismiss the application.

(5) The court must not make an order under this section if the relevant property has been forfeited under this Division.