NSW Removal of Time Limits for Supreme Court Asset Forfeiture Orders

Criminal Assets Recovery Amendment (Organised Crime Reforms) Bill 2025

Legislative Council

Legislative Assembly

Assent

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Effects of this bill

If this bill passes, it means that:

The Supreme Court can now consider conduct from any time when making asset forfeiture or proceeds assessment orders; it is no longer limited to the previous 6 years.
The Court can now include money or property held in or distributed from a trust when assessing proceeds of crime.
The definition of 'benefit or advantage' now includes any increase in the value of property.
Specific tobacco law offences are now classified as serious criminal offences.
Property is only considered acquired for 'sufficient consideration' if it was an arms-length deal; the price must reflect the commercial value of the interest.

The Debate

What different members said when this bill was debated:

Paul Toole NAT

“I speak on the Criminal Assets Recovery Amendment (Organised Crime Reforms) Bill 2025. The bill puts in place important reforms that go directly to the heart of tackling organised crime in New South Wales. From the outset, I note that the Opposition will support the bill.”

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Donna Davis ALP

“I support the Criminal Assets Recovery Amendment (Organised Crime Reforms) Bill 2025. The bill makes important and substantial changes to the Criminal Asset Recovery [CAR] Act to improve the functioning of the Crime Commission.”

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Julia Finn ALP

“I contribute to debate on the Criminal Assets Recovery Amendment (Organised Crime Reforms) Bill 2025. This incredibly important bill will give the Crime Commission extra powers to pursue assets held in trust and will remove the six‑year limitation on the seizure and disposal of assets. The legislation is being amended to limit the circumstances in which the proceeds of crime can be legitimised.”

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David Saliba ALP

“I contribute to debate in support of the Criminal Assets Recovery Amendment (Organised Crime Reforms) Bill 2025. I commend the Minister for Police and Counter‑terrorism for her work and her steadfast support of the police. She is extremely passionate about helping the police do their job. I sincerely thank her for her contribution to keeping New South Wales safe.”

Official source →

Edmond Atalla ALP

“As members would be aware, firstly, the bill proposes to limit the ability of persons to avoid the confiscation of proceeds of crime by transferring it to persons for "sufficient consideration" on terms that are not commercial or at arm’s length. Secondly, the bill proposes to remove the six-year limitation period for seeking orders under the Criminal Assets Recovery Act.”

Official source →

News articles and press releases

Criminal Assets Recovery Amendment (Organised Crime Reforms) Bill 2025

The Hon. JOHN GRAHAM, Minister for Transport — 2025-10-23

Schedule 1 [5] limits the ability of persons to avoid the confiscation of proceeds of crime by transferring it to another person. The first amendment is intended to prevent persons engaged in serious crime‑related activity or illegal activity transferring property to persons such as family members or close associates under sham arrangements to avoid the confiscation of proceeds of crime. Currently, property ceases to be subject to an application for confiscation under the Act when it is acquired by a person for sufficient consideration without knowing, and in circumstances that would not arouse a reasonable suspicion, that the interest was, at the time of acquisition, the proceeds of crime. The bill proposes to amend section 4 (2) of the CAR Act to limit when proceeds of crime can be "legitimised" and acquired for sufficient consideration to transactions that are at arm’s length.