A warranty as to assets under s 31A of the Criminal Assets Recovery Act 1990 (NSW) may be given by a solicitor acting within the scope of apparent authority and need not be given personally by the defendant. Section 55(4) deems agent conduct within scope of authority to be conduct of the principal for all purposes of the Act, including s 31A. No state of mind (knowledge of falsity) is required for a warranty to trigger forfeiture under s 31A. A solicitor's apparent authority to settle forfeiture proceedings extends to giving a warranty as to assets where the warranty is an integral part of the settlement.
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