New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 17H

17H Relief from hardship--dependants

(1) A dependant of a person who has an interest in relevant property forfeited under this Division may, within 6 months after the forfeiture of the relevant property, apply to the Supreme Court for an order under this section.

(2) If the Supreme Court is satisfied the forfeiture has caused hardship to the dependant, the Court may--

(a) 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--make ancillary orders to ensure the proper application of the amount.

(3) The Court must not make an order under subsection (2) unless the Court is satisfied the dependant had no knowledge of the serious offence in relation to which the relevant property was forfeited.

(4) Subsection (3) does not apply if the dependant is under 18 years of age.