New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 17E

17E Appeal against dismissal of application for exclusion order

(1) A person may apply to the Supreme Court for the recovery of the person's interest in relevant property the subject of an application for an exclusion order--

(a) made by the person, and

(b) dismissed by a court other than the Supreme Court or the Court of Criminal Appeal.

(2) The appeal must be made within 6 months of the applicant receiving notice of the dismissal.

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

(4) On hearing the appeal, the Supreme Court must--

(a) make an order that ownership in the interest in the property vests in the applicant and the interest in the property must be returned to the applicant, or

(b) otherwise--dismiss the appeal.

(5) The Supreme Court must not make an order under subsection (4)(a) unless the Court is satisfied it is more probable than not that--

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

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

(i) tainted property, or

(ii) if the relevant property relates to a restraining order made under section 43A--unlawfully acquired property.