Charge pursuant to Confiscation of Proceeds of Crime Act 1989

Pursuant to section 48 of the Confiscation of Proceeds of Crime Act 1989 (NSW) (the ‘Act’), a charge is created on the making by the Supreme Court (or another appropriate court) of a pecuniary penalty order or a drug proceeds order. The charge is applied to all the property to which the restraining order or freezing notice applies in order to secure payment to the State of the penalty amount.

A charge pursuant to the Act may be registered by lodgment of a Request form 11R. The Request must be accompanied by a sealed copy of the pecuniary penalty order or drug proceeds order. The Request for registration does not require marking by Revenue NSW.

The Request should be signed by the NSW Trustee and Guardian or the Director of Public Prosecutions or Commissioner for the Police Integrity Commission or other appropriate officer.

NOTE: This dealing type must be lodged as Dealing with Exception and be accompanied by a completed Lodgment Rules Exception form.

NOTE: The charge is subject to every mortgage, lease or other interest recorded in the Register (see section 48(3) of the Act) and has no effect until it is registered (see section 48(5) of the Act).

The charge may be cancelled by lodgment of a Request form 11R if it ceases to have effect in the circumstances set out in section 48(2) of the Act and must be executed by the NSW Trustee and Guardian, the Director of Public Prosecutions or Commissioner for the Police Integrity Commission (see section 48(2) of the Act).

The Request for cancellation does not require marking by Revenue NSW.

NSW legislation can be accessed at www.legislation.nsw.gov.au/

Staff processing information

Refer all cases to Legal through the Senior Examining Officer.

Publication Date: March 2024