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Practice Note No. SC CL 10

Supreme Court Common Law Division - Proceeds of Crime and Criminal Assets


Date:
10/28/2011



    Commencement
      1. This Practice Note was issued on 28 October 2011 and commences 28 October 2011.

    Application
      2. This Practice Note applies to any application, by consent or otherwise, for variation or discharge of orders concerning the proceeds of crime or criminal assets.

    Definitions
      3. In this Practice Note:
          CA means Customs Act 1901 (Cth)
          CARA means Criminal Assets Recovery Act 1990
          CPCA means Confiscation of Proceeds of Crimes Act 1989
          PCA means Proceeds of Crime Act 1987 (Cth)
          Proceeds of Crime or Criminal Assets mean any proceeds, assets or benefits regulated under any laws referred to in this Practice Note, and shall have the definition given in the respective law.

    Introduction
      4. The purpose of this Practice Note is:
        To provide arrangements for seeking orders to vary or discharge orders relating to the proceeds of crime or criminal assets.

    Process
      5. Any order, by consent or otherwise, that varies or discharges an order concerning the proceeds of crime or criminal assets, whether under the CA, CARA, CPCA or PCA, shall only be made by a Judge of this Court.

      6. Applications for such orders should generally be made to the Common Law Duty Judge.


    T F Bathurst
    Chief Justice of NSW
    28 October 2011


    Related information

    Customs Act 1901 (Cth)
    Criminal Assets Recovery Act 1990
    Confiscation of Proceeds of Crimes Act 1989
    Proceeds of Crime Act 1987 (Cth)

    Amendment history
    28 October 2011: Practice Note SC CL 10 was issued and commenced on this date.


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