NSWIn ForceAct
Criminal Assets Recovery Act 1990
21CCommission may issue assets forfeiture notice
Start here
Get a plain-English read of 21C
Turn the raw legal text into a practical explanation grounded in Criminal Assets Recovery Act 1990.
#### 21C Commission may issue assets forfeiture notice
21C Commission may issue assets forfeiture notice
> > (1) The Commission may issue a notice of intention to forfeit property (an assets forfeiture notice) if reasonably satisfied the interest in the property is one or more of the following kinds—
> >
> > > (a) an interest in property of a person suspected of engaging in serious crime related activity, whether or not a particular person is suspected of engaging in the serious crime related activity,
> >
> > > (b) an interest in property suspected of being serious crime derived property because of serious crime related activity,
> >
> > > (c) an interest in property held in a false name and suspected to be fraudulently acquired property that is illegally acquired property,
> >
> > > (d) an interest in property suspected of being—
> > >
> > > > (i) an available interest relating to serious crime use property, or
> > >
> > > > (ii) an interest capable of being the subject of a substituted serious crime use property declaration in relation to the serious crime related activity concerned.
>
> > (2) The Commission must give the notice—
> >
> > > (a) to each person the Commission knows or reasonably suspects has a beneficial interest in the property, and
> >
> > > (b) in accordance with the regulations.
>
> > (3) The notice must include the following information—
> >
> > > (a) a description of the property,
> >
> > > (b) the grounds on which the property is held by the relevant investigative agency, including the details of the seizure,
> >
> > > (c) the grounds on which the Commission has issued the notice,
> >
> > > (d) information about how to dispute the forfeiture, including the dispute period.
>
> > (4) The notice must be published, as soon as practicable after the notice is issued—
> >
> > > (a) in the Gazette, and
> >
> > > (b) in a daily newspaper circulating throughout New South Wales, and
> >
> > > (c) in the way approved by the Commission.
>
> > (5) In this section—
> >
> > substituted serious crime use property declaration has the same meaning as in section 22AA(2).
>
> **s 21C:** Ins 2022 No 55, Sch 3\[7\].