NSWIn ForceAct
Criminal Assets Recovery Act 1990
32EEvidentiary certificate
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#### 32E Evidentiary certificate
32E Evidentiary certificate
> > (1) A certificate of evidence issued in accordance with this section is evidence of the following, if specified in the certificate—
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> > > (a) that a relevant notice or order has been made and is in force,
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> > > (b) that a relevant notice or order was or was not subject to a term or condition,
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> > > (c) that an obligation, power or direction was or was not conferred on the NSW Trustee and Guardian by a relevant notice or order,
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> > > (d) that an interest in property was or was not subject to a relevant notice or order,
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> > > (e) that an interest in property subject to a relevant notice or order was or was not sold or otherwise disposed of,
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> > > (f) that an interest in property subject to a relevant notice or order was or was not vested in the NSW Trustee and Guardian,
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> > > (g) that an ancillary order under section 12 has been made and is in force,
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> > > (h) other matters prescribed by the regulations.
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> > (2) An evidentiary certificate must—
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> > > (a) relate to a relevant notice or order that—
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> > > > (i) has been made and is in force, and
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> > > > (ii) confers obligations on, or gives a direction to, the NSW Trustee and Guardian, and
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> > > (b) be signed by the Chief Executive Officer of the NSW Trustee and Guardian or by an officer authorised by the Chief Executive Officer, and
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> > > (c) be sealed with the seal of the NSW Trustee.
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> > (3) The certificate—
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> > > (a) must be accepted by other persons, whether or not acting under this or another Act, as evidence of the matter certified, and
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> > > (b) is admissible in criminal or civil proceedings under this Act as evidence of the matter certified, in the absence of evidence to the contrary.
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> **s 32E:** Ins 2022 No 55, Sch 3\[14\].