NSWIn ForceAct
Criminal Assets Recovery Act 1990
21DCommission must notify investigative agency in possession of property
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#### 21D Commission must notify investigative agency in possession of property
21D Commission must notify investigative agency in possession of property
> > (1) The Commission must, as soon as practicable after issuing an assets forfeiture notice in relation to property, give written notice to—
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> > > (a) the investigative agency in possession of the property, and
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> > > (b) if the property is being held by another person on behalf of the investigative agency—the other person.
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> > (2) The notice must direct the investigative agency or the other person—
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> > > (a) to continue to hold the property, or
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> > > (b) to transfer the property to the NSW Trustee and Guardian.
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> > (3) A notice directing the investigative agency or other person to hold the property has the effect of authorising the agency or other person to hold the property until—
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> > > (a) the forfeiture occurs, or
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> > > (b) the property is required to be returned under this Division.
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> > (4) If the Commission directs the investigative agency or other person to transfer the property to the NSW Trustee and Guardian, the Commission must, by written notice, direct the NSW Trustee and Guardian to take control of the property until—
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> > > (a) the forfeiture occurs, or
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> > > (b) the property is required to be returned under this Division.
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> **s 21D:** Ins 2022 No 55, Sch 3\[7\].