On an application for a restraining order under s 10 of the Criminal Assets Recovery Act 1990 (NSW), the Commission is not required to prove that property has not ceased to be serious crime derived property under s 9(5); the onus to establish cessation lies with the person seeking an exclusion order under s 25. A restraining order may be made in respect of 'a specified class of interests in property' described in general terms as property acquired using funds sourced from a named person, but an assets forfeiture order under s 22(4) must be made in respect of 'specified interests in property' requiring greater particularity. Exploiting a known computer glitch in an automatic banking facility to withdraw funds in circumstances where the account holder knows of conditions prohibiting such withdrawals constitutes larceny following Kennison v Daire.
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