New South Wales Consolidated Acts

CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 32

32 Court may look at property subject to effective control of defendant

(1) In assessing the value of benefits derived by a person because of drug trafficking, a court may treat as property of the defendant any property that, in the opinion of the court, is subject to the effective control of the defendant.

(2) On application by an appropriate officer, a court may make an order declaring that specified property is available to satisfy a drug proceeds order, if it is of the opinion that the property is subject to the effective control of a defendant against whom the court has made a drug proceeds order.

(3) If a court declares that property is available to satisfy a drug proceeds order--

(a) the order may be enforced against the property as if the property were property of the person against whom the order is made, and

(b) a freezing notice or restraining order may be made in respect of the property as if the property were property of the person against whom the order is made.

(4) An appropriate officer must give written notice of an application under this section to the defendant and to any other person the appropriate officer has reason to believe may have an interest in the property.

(5) The defendant and any other person who claims an interest in the property may appear and adduce evidence at the hearing of the application.