Charge pursuant to Proceeds of Crime Act 2002

Pursuant to the Proceeds of Crime Act 2002 a charge in favour of the Commonwealth may be registered by lodgment of a Request form 11R accompanied by:

  • a copy of the restraining Order, and
  • a statement by the Director of Public Prosecutions to the effect that a pecuniary penalty Order has been made.

The request does not require marking by Revenue NSW and the certificate of title is not required. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [65.700].

A charge under the Proceeds of Crime Act 2002 may be cancelled by lodgment of a Request form 11R (PDF 150 KB). The request must be executed by:

  • the Director of Public Prosecutions, or
  • the registered proprietor accompanied by:
    • the consent of the Director of Public Prosecutions, or
    • evidence to show that s50(2) Proceeds of Crime Act 1987 has been complied with.

The request does not require marking by Revenue NSW and the certificate of title is not required. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [65.700].

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

Refer a 'freezing notice' pursuant to s49 Confiscation of Proceeds of Crime Amendment Act 2005 to Legal through the Senior Examining Officer.

Registration Procedure

On direction from Legal that charge can be registered.

PRIME CODE     CH

DETAILS           [Act pursuant to which the charge was created]