NSWIn ForceAct
Confiscation of Proceeds of Crime Act 1989
31AEvidence as to value of drugs and other matters
Start here
Get a plain-English read of 31A
Turn the raw legal text into a practical explanation grounded in Confiscation of Proceeds of Crime Act 1989.
#### 31A Evidence as to value of drugs and other matters
31A Evidence as to value of drugs and other matters
> > (1) In proceedings for an application for a drug proceeds order, a member of the NSW Police Force, a member of the Australian Federal Police or a Customs officer may give evidence (whether in person or in a statement tendered to the court by the prosecution under this Division)—
> >
> > > (a) as to the market value, at the time of a drug trafficking offence in relation to a substance, or substantially similar substances, and
> >
> > > (b) as to the amount, or the range of amounts, ordinarily paid for the doing of a similar or substantially similar act or thing to the offence.
>
> > (2) The evidence may be given by a person who is experienced in the investigation of indictable offences under (or similar to offences under) the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226).
>
> > (3) Any such person may give evidence, to the best of his or her information, knowledge and belief—
> >
> > > (a) as to the amount that was the market value of a prohibited drug or prohibited plant within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) at a particular time or during a particular period, or
> >
> > > (b) as to the amount, or the range of amounts, ordinarily paid at a particular time, or during a particular period, for the doing of an act or thing in relation to any such prohibited drug or prohibited plant,
> >
> > despite any rule of law or practice relating to hearsay evidence and the testimony is, in the absence of evidence to the contrary, evidence of the matter testified to.
>
> **s 31A:** Ins 2005 No 73, Sch 1 \[29\] (am 2007 No 27, Sch 4.6).