An applicant for an exclusion order under s 25 of the Criminal Assets Recovery Act 1990 (NSW) must prove on the balance of probabilities that the interest in property is not illegally acquired property. Failure to establish sufficient financial resources to account for the seized property is fatal to the claim, even where other findings adverse to the applicant are set aside on appeal. The question whether money brought into Australia without the required declaration under s 15 of the Financial Transaction Reports Act 1988 (Cth) constitutes 'illegally acquired property' under the Act was left open.
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