{"id":"nsw:sl-2023-0438","name":"Criminal Assets Recovery Regulation 2023","slug":"criminal-assets-recovery-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"438 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175936,"registerId":"nsw-nsw:sl-2023-0438-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Criminal Assets Recovery Regulation 2023](/view/html/inforce/current/sl-2023-0438).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Criminal Assets Recovery Regulation 2017](/view/html/repealed/current/sl-2017-0343), which would otherwise be repealed on 1 September 2023 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> originating document means a sealed copy of—\n> \n> > (a) the originating process by which proceedings on an application are commenced in the Supreme Court, or\n> \n> > (b) the notice of motion by which an application is made to the Supreme Court.\n> \n> the Act means the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023).\n> \n> the Australian Capital Territory Act means the Confiscation of Criminal Assets Act 2003 of the Australian Capital Territory.\n> \n> the Northern Territory Act means the Criminal Property Forfeiture Act 2002 of the Northern Territory.\n> \n> the Queensland Act means the Criminal Proceeds Confiscation Act 2002 of Queensland.\n> \n> the South Australian Act means the Criminal Assets Confiscation Act 2005 of South Australia.\n> \n> the Tasmanian Act means the Crime (Confiscation of Profits) Act 1993 of Tasmania.\n> \n> the Victorian Act means the Confiscation Act 1997 of Victoria.\n> \n> the Western Australian Act means the Criminal Property Confiscation Act 2000 of Western Australia.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Corresponding laws—the Act, s 4","content":"#### 4 Corresponding laws—the Act, s 4\n\n4 Corresponding laws—the Act, s 4\n\n> For the Act, section 4(1), definition of corresponding law, the following are prescribed as laws that correspond to the Act—\n> \n> > (a) the Australian Capital Territory Act,\n> \n> > (b) the Northern Territory Act,\n> \n> > (c) the Queensland Act,\n> \n> > (d) the South Australian Act,\n> \n> > (e) the Tasmanian Act,\n> \n> > (f) the Victorian Act,\n> \n> > (g) the Western Australian Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Interstate assets forfeiture orders—the Act, s 4","content":"#### 5 Interstate assets forfeiture orders—the Act, s 4\n\n5 Interstate assets forfeiture orders—the Act, s 4\n\n> For the Act, section 4(1), definition of interstate assets forfeiture order, the following orders and instruments are declared—\n> \n> > (a) an order made under the Australian Capital Territory Act, Part 5,\n> \n> > (b) the following made under the Northern Territory Act—\n> > \n> > > (i) a declaration made under that Act, section 94,\n> > \n> > > (ii) an order made under that Act, section 96, 97, 99, 100 or 101,\n> \n> > (c) an order made under the Queensland Act, section 58 or 93ZZB,\n> \n> > (d) an order made under the South Australian Act, section 47,\n> \n> > (e) an order made under the Tasmanian Act, section 16 or 152,\n> \n> > (f) a declaration made under the Victorian Act, section 36GB or 40ZB,\n> \n> > (g) a declaration made under the Western Australian Act, section 22, 28 or 30.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Interstate proceeds assessments or unexplained wealth orders—the Act, s 4","content":"#### 6 Interstate proceeds assessments or unexplained wealth orders—the Act, s 4\n\n6 Interstate proceeds assessments or unexplained wealth orders—the Act, s 4\n\n> For the Act, section 4(1), definition of interstate proceeds assessment or unexplained wealth order, the following orders and instruments are declared—\n> \n> > (a) an order made under the Australian Capital Territory Act, Part 7 or 7A,\n> \n> > (b) an order made under the Northern Territory Act, section 72, 80 or 86 resulting from a declaration under that Act, section 71, 75, 76 or 81,\n> \n> > (c) an order made under the Queensland Act, section 78 or 89G,\n> \n> > (d) an order made under the South Australian Act, section 95,\n> \n> > (e) the following made under the Tasmanian Act—\n> > \n> > > (i) an order made under that Act, section 21,\n> > \n> > > (ii) a declaration made under that Act, section 142,\n> \n> > (f) a declaration made under the Western Australian Act, section 12, 16, 17 or 22.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Interstate restraining orders—the Act, s 4","content":"#### 7 Interstate restraining orders—the Act, s 4\n\n7 Interstate restraining orders—the Act, s 4\n\n> For the Act, section 4(1), definition of interstate restraining order, the following orders and instruments are declared—\n> \n> > (a) an order made under the Australian Capital Territory Act, section 30, 31 or 32A,\n> \n> > (b) an order made under the Northern Territory Act, section 43 or 44,\n> \n> > (c) an order made under the Queensland Act, section 31, 37, 93M or 93T,\n> \n> > (d) an order made under the South Australian Act, section 24,\n> \n> > (e) an order made under the Tasmanian Act, section 26 or 118,\n> \n> > (f) an order made under the Victorian Act, section 18, 31F or 40I,\n> \n> > (g) the following made under the Western Australian Act—\n> > \n> > > (i) a freezing notice issued under that Act, section 34,\n> > \n> > > (ii) a freezing order made under that Act, section 43.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Payment of legal expenses in stages—the Act, s 10B","content":"#### 8 Payment of legal expenses in stages—the Act, s 10B\n\n8 Payment of legal expenses in stages—the Act, s 10B\n\n> For the Act, section 10B(3A)(a), $150,000 is prescribed.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Maximum allowable costs for legal services—the Act, s 16B","content":"#### 9 Maximum allowable costs for legal services—the Act, s 16B\n\n9 Maximum allowable costs for legal services—the Act, s 16B\n\n> For the Act, section 16B(2) and (3), the maximum allowable costs are the rates for legal representation set by the Attorney General, as adjusted from time to time and published on the website of the Department of Communities and Justice.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Giving notice to NSW Trustee and Guardian of certain exclusion orders—the Act, ss 25, 26 and 31C","content":"#### 10 Giving notice to NSW Trustee and Guardian of certain exclusion orders—the Act, ss 25, 26 and 31C\n\n10 Giving notice to NSW Trustee and Guardian of certain exclusion orders—the Act, ss 25, 26 and 31C\n\n> For the Act, sections 25(5), 26(5) and 31C(3), the NSW Trustee and Guardian is prescribed as another person to whom notice of an application must be given.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Fees payable to NSW Trustee and Guardian—the Act, s 32D","content":"#### 11 Fees payable to NSW Trustee and Guardian—the Act, s 32D\n\n11 Fees payable to NSW Trustee and Guardian—the Act, s 32D\n\n> > (1) For the Act, section 32D(2), the following fees are prescribed—\n> > \n> > > (a) an amount equal to 2.5% of the value of the interest in the property as determined in accordance with subsection (2),\n> > \n> > > (b) an amount equal to the actual costs incurred and disbursements made in relation to the interest in the property by the NSW Trustee and Guardian,\n> > \n> > > (c) for an interest in property from which income is derived—in addition to the fees set out in paragraphs (a) and (b), an amount equal to 5.25% of the gross income derived from the interest in the property.\n> \n> > (2) The value of the interest in the property referred to in subsection (1)(a) is—\n> > \n> > > (a) the value determined by the NSW Trustee and Guardian, or\n> > \n> > > (b) if the interest is disposed of by sale, the gross amount realised on the sale.\n> \n> > (3) The costs and disbursements referred to in subsection (1)(b) include the following—\n> > \n> > > (a) legal representation costs,\n> > \n> > > (b) costs of obtaining legal advice,\n> > \n> > > (c) other legal costs,\n> > \n> > > (d) agents’ fees,\n> > \n> > > (e) valuation fees,\n> > \n> > > (f) costs and expenses incurred in relation to the operation of a business associated with the interest in the property.\n> \n> > (4) This section does not prevent the NSW Trustee and Guardian from waiving or reducing a fee the NSW Trustee and Guardian is entitled to deduct under this section.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Giving notice—the Act, s 65","content":"#### 12 Giving notice—the Act, s 65\n\n12 Giving notice—the Act, s 65\n\n> > (1) For the Act, section 65(1), if notice is authorised or required to be given under the Act, notice is given when—\n> > \n> > > (a) for notice of an application for an order of the Supreme Court—when the originating document is served on the person in accordance with this regulation, section 13, or\n> > \n> > > (b) for notice of an order of the Supreme Court—when a minute of the order is served on the person in accordance with this regulation, section 13.\n> \n> > (2) For the Act, section 65(1), notice to the Commission of the grounds on which an order is sought under the Act, section 25(6) or 26(6) must be given at the same time and in the same way as notice of the application for the order is given to the Commission.\n> > \n> > Note—\n> > \n> > See also the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), section 31,which provides that the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023) applies to the Law Enforcement Conduct Commission in the same way as it applies to the New South Wales Crime Commission.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Form of service—the Act, s 65","content":"#### 13 Form of service—the Act, s 65\n\n13 Form of service—the Act, s 65\n\n> > (1) For the Act, section 65(1), the following must be served personally in accordance with the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418), Part 10, Division 3—\n> > \n> > > (a) an originating document,\n> > \n> > > (b) a minute of an order,\n> > \n> > > (c) a notice to the Commission.\n> \n> > (2) The following forms of service by the Commission are authorised for service on a relevant person, subject to orders of the Supreme Court, if the Commission is satisfied reasonable efforts to effect personal service have been or would be unsuccessful—\n> > \n> > > (a) in accordance with the [Uniform Civil Procedure Rules 2005](/view/html/inforce/current/sl-2005-0418), Part 10 relating to service of a document if personal service is not required,\n> > \n> > > (b) by publication of a notice relating to the application or order in—\n> > > \n> > > > (i) a Sydney daily newspaper, and\n> > > \n> > > > (ii) if the last known residential address of the person to be served is more than 50km from the General Post Office, Sydney, in a local newspaper circulating in the district concerned,\n> > \n> > > (c) in another way authorised by the Supreme Court.\n> \n> > (3) A notice published under subsection (2)(b) must set out—\n> > \n> > > (a) the terms of the order sought by the application or the terms of the order made by the Supreme Court, and\n> > \n> > > (b) the date on which the application or order was made.\n> \n> > (4) The following forms of service are authorised for service on the Commission, subject to orders of the Supreme Court—\n> > \n> > > (a) by leaving the originating document or the minute of the order at the Head Office in Sydney of the Commission with a person who is apparently a staff member,\n> > \n> > > (b) by sending the originating document or the minute of the order, addressed to the Commission, by registered post to the Head Office in Sydney of the Commission,\n> > \n> > > (c) in another way authorised by the Supreme Court.\n> \n> > (5) The following forms of service are authorised for service on the NSW Trustee and Guardian, subject to orders of the Supreme Court—\n> > \n> > > (a) by leaving the originating document or the minute of the order at the Head Office in Sydney of the NSW Trustee and Guardian with a person who is apparently a staff member,\n> > \n> > > (b) by sending the originating document or the minute of the order, addressed to the NSW Trustee and Guardian, by registered post to the Head Office in Sydney of the NSW Trustee and Guardian,\n> > \n> > > (c) in another way authorised by the Supreme Court.\n> \n> > (6) In this section—\n> > \n> > relevant person means a person other than the following—\n> > \n> > > (a) the Director of Public Prosecutions,\n> > \n> > > (b) the Commissioner of Police,\n> > \n> > > (c) the NSW Trustee and Guardian.\n> > \n> > Note—\n> > \n> > See also the [Law Enforcement Conduct Commission Act 2016](/view/html/inforce/current/act-2016-061), section 31,which provides that the [Criminal Assets Recovery Act 1990](/view/html/inforce/current/act-1990-023) applies to the Law Enforcement Conduct Commission in the same way as it applies to the New South Wales Crime Commission.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Repeal and savings","content":"#### 14 Repeal and savings\n\n14 Repeal and savings\n\n> > (1) The [Criminal Assets Recovery Regulation 2017](/view/html/repealed/current/sl-2017-0343) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Criminal Assets Recovery Regulation 2017](/view/html/repealed/current/sl-2017-0343), had effect under that regulation continues to have effect under this regulation.","sortOrder":13}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2017 regulation, updated to maintain consistency with current interstate laws. The scope remains tightly focused on procedural and administrative machinery for asset confiscation, including recognition of interstate orders, fee structures, and service rules. No significant expansion beyond the original purpose."},"complexity_factors":["Heavy cross-referencing to 7 different interstate statutes with inconsistent naming conventions (some use 'Act', some use descriptive titles)","Nested subsections in sections 11 and 13 with multiple levels of paragraph numbering (subsection (1)(a) referring to subsection (2) etc.)","9 defined terms in section 3, but most are simply shorthand references to other legislation rather than conceptual definitions","Conditional logic in service rules (section 13) with multiple exceptions and alternative pathways depending on recipient type and service success","Prescribed monetary figure ($150,000) that requires external knowledge of the parent Act's context to understand its purpose","Savings provision (section 14(2)) creating continuity of legal effect across repealed and new regulations"],"plain_english_summary":"This regulation sets out the practical rules for how New South Wales authorities can seize assets linked to crime. It works alongside the main Criminal Assets Recovery Act 1990.\n\n**What it does:**\n\n* **Recognises other states' laws** — It lists which asset confiscation laws from other Australian states and territories count as \"corresponding laws\" in NSW. This means NSW can cooperate with interstate authorities when criminals try to hide assets across borders.\n\n* **Defines specific court orders** — It spells out exactly which types of orders from other states count as:\n  * **Interstate restraining orders** (freezing assets so they can't be sold)\n  * **Interstate assets forfeiture orders** (permanently taking assets)\n  * **Interstate proceeds assessments or unexplained wealth orders** (forcing people to explain where their money came from)\n\n* **Sets dollar limits for legal costs** — People fighting asset seizure can access money from restrained assets to pay lawyers, but only up to $150,000 at a time, and at rates set by the Attorney General.\n\n* **Puts the NSW Trustee and Guardian in the loop** — This government body must be notified about certain court applications and can charge fees (2.5% of asset value plus costs) for managing seized property.\n\n* **Explains how to serve legal documents** — It details how court papers must be delivered to people, including alternative methods like newspaper ads if someone is hiding.\n\n**Who it affects:**\n\n* People suspected of serious crime whose assets are being targeted\n* The NSW Crime Commission and Law Enforcement Conduct Commission\n* The NSW Trustee and Guardian\n* Courts and lawyers handling asset confiscation cases\n* Other Australian states' law enforcement agencies\n\n**Why it matters:**\n\nThis regulation is the nuts and bolts that make asset confiscation work in practice. Without these rules, NSW wouldn't be able to recognise interstate orders, criminals could dodge notices by hiding, and there'd be no clear way to pay for managing seized property. It ensures crime doesn't pay by closing loopholes that let criminals shuffle assets between states or drain frozen funds on unlimited legal fees."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation continues the existing framework rather than expanding it: it repeals and replaces the 2017 regulation but preserves prior acts and matters (s 14(2)). It largely maintains the same subject‑matter scope (interstate correspondence, service rules, fees), while updating specific administrative details — e.g. a $150,000 staged payment prescription (s 8), fee formulas and percentages for the NSW Trustee and Guardian (s 11), and reliance on Attorney‑General published legal rates (s 9)."},"complexity_factors":["Cross‑jurisdictional mapping: prescribes correspondence between NSW Act and multiple state/territory Acts and specific provisions (ss 4–7).","Numeric and formulaic prescriptions: fixed monetary cap for staged legal payments ($150,000) (s 8) and percentage fee formulas for the NSW Trustee and Guardian (s 11).","Interaction with external, changeable instruments: relies on Attorney‑General’s published rates (s 9) and Uniform Civil Procedure Rules for personal service (s 13).","Judicial discretion points: Supreme Court may authorise non‑personal service methods and other variations (s 13).","Continuity and repeal mechanics: repeals the 2017 regulation but preserves existing acts/matters (s 14), requiring careful transitional interpretation."],"plain_english_summary":"This regulation replaces the 2017 instrument and sets the practical rules for using the Criminal Assets Recovery Act: it prescribes which interstate confiscation laws and orders correspond, how court documents and orders must be served, commencement, and administrative fees and cost limits. (ss 4–7, 12–14.)\n\nWho pays and who decides: the NSW Trustee and Guardian may deduct prescribed fees (including 2.5% of value and a 5.25% income fee) (s 11); the Attorney‑General publishes maximum legal rates (s 9); the Supreme Court can authorise alternative service methods (s 13)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The regulation appears to be a straightforward remake or update of procedural rules under the Criminal Assets Recovery Act 1990 (NSW), consistent with the routine cycle of subordinate legislation in NSW."},"complexity_factors":["Only metadata and status information was provided — no substantive legislative provisions were available for analysis","Operates as subordinate legislation under the Criminal Assets Recovery Act 1990 (NSW), requiring understanding of the parent Act to fully interpret","Subject matter (criminal asset recovery) is inherently complex in practice, though regulations typically address procedural/technical matters which tend to be more straightforward","Automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal dimension to consider"],"plain_english_summary":"The Criminal Assets Recovery Regulation 2023 (NSW) is subordinate rule‑making under the Criminal Assets Recovery Act 1990, made 11 August 2023 and currently in force, with automatic repeal on 1 September 2028. It governs procedural and technical aspects of recovering assets linked to serious crime and therefore affects people whose property may be targeted, NSW police and the Crime Commission, and lawyers. It matters because it shapes how powerful pre‑conviction asset‑recovery powers are exercised."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-assets-recovery-regulation-2023","history":"/api/acts/criminal-assets-recovery-regulation-2023/history","analysis":"/api/acts/criminal-assets-recovery-regulation-2023/analysis","conflicts":"/api/acts/criminal-assets-recovery-regulation-2023/conflicts","importantCases":"/api/acts/criminal-assets-recovery-regulation-2023/important-cases","documents":"/api/acts/criminal-assets-recovery-regulation-2023/documents"}}