Drug Trafficker Declarations and asset forfeiture.

What is a Drug Trafficker Declaration?

A Drug Trafficker Declaration is made under the Criminal Assets Recovery Act 1990 (NSW). It is a formal declaration that a person is a drug trafficker, usually reached because the person has been convicted of serious drug offences that meet the criteria in the Act. The declaration is not itself a punishment for the drug offence. It is the gateway to forfeiture of the person's property to the State.

The scheme is run by the NSW Crime Commission. It is one of the most powerful tools in the State's armoury against organised crime, because it targets the wealth that makes the crime worthwhile.

What did the 2026 reform change?

The Crimes Legislation Amendment (Organised and Gang-related Crime Reforms) Act 2026 extended the time available to seek forfeiture of assets held by a person subject to a Drug Trafficker Declaration from one year to five years. That is a large change. It means the Commission no longer has to move within a narrow window after a declaration. It can take a longer, more patient approach to identifying and pursuing assets, including assets that surface well after the criminal case has ended.

For anyone touched by a declaration, the practical effect is that the risk to their property lasts far longer. Assets a person believed were safe once the criminal matter finished may remain exposed for years.

Can they take property that was lawfully acquired?

This is what makes the declaration scheme so severe. Once a person is declared, forfeiture can reach property beyond what is proved to be the direct proceeds of a specific offence. The Act does contain exclusion provisions. A person, or an interested third party such as a family member or a lender, can apply to exclude property on the basis that it was lawfully acquired and not connected to crime. Those applications are technical, and they are time-limited. Missing a deadline can be fatal to a claim over a home or a business.

This is a distinct area from the general confiscation regime. Our note on criminal asset confiscation and forfeiture covers restraining orders and the wider proceeds law that sits alongside the declaration scheme.

Civil, not criminal.

Asset recovery under the Act is civil. It runs on the balance of probabilities, not proof beyond reasonable doubt. It can proceed alongside the criminal case, or after it, and it does not depend on the same standard of proof. A person can be acquitted or receive a modest sentence and still face a serious asset claim. That civil footing changes the whole approach. The evidence, the strategy, and the deadlines are different from the criminal defence, and the two need to be run together.

If a declaration or a restraining order is on foot.

If you, or a family member, have been served with a restraining order over property, or if a Drug Trafficker Declaration is being sought, act quickly. Property can be frozen at an early stage, and the time to claim an exclusion runs from set points. The longer forfeiture window makes it more important, not less, to get advice early and to keep the criminal and asset strands aligned. For the drug offences that can trigger a declaration, see our notes on drug supply and drug importation.

How the process runs.

The Crime Commission usually begins with a restraining order over property, which freezes assets so they cannot be sold or moved while the matter is worked out. A Drug Trafficker Declaration follows where the statutory criteria are met, most often on the back of qualifying convictions. Once a person is declared, the path to forfeiture opens, and the extended five-year window now gives the Commission far longer to act. Throughout, the person and any affected third party can apply to exclude particular property from the reach of the orders.

Third parties matter here in a way that surprises people. A spouse, a parent, a business partner or a lender with a genuine interest in restrained property can be caught up in the process, and may need to make their own claim to protect what is theirs. Those claims run on strict timetables and require careful evidence about how the property was acquired.

Running the criminal and asset cases together.

The criminal defence and the asset defence are separate cases with different rules, but decisions in one affect the other. What is said in the criminal matter can be used in the asset matter, and the timing of a plea can change the asset position. Because the asset case is civil and runs on the balance of probabilities, it can succeed even where the criminal case does not, or continue long after it. Handling the two in isolation is a mistake. They need a single strategy, set early, before assets are lost and before deadlines pass.

Frequently asked.

What is a Drug Trafficker Declaration?

A declaration under the Criminal Assets Recovery Act 1990 (NSW) that a person is a drug trafficker, usually because of serious drug convictions. It opens the door to forfeiture of the person's property to the State, subject to exclusions.

What changed in 2026?

The organised-crime reforms extended the time to seek forfeiture from a person subject to a Drug Trafficker Declaration from one year to five years, giving a much longer runway to pursue assets.

Can they take property that was not bought with drug money?

Forfeiture can reach property beyond the direct proceeds of an offence. The Act contains exclusion provisions to protect lawfully acquired property, but those applications are technical and time-limited.

Is this a criminal or civil process?

Civil. It runs on the balance of probabilities and can proceed alongside or after the criminal case. That civil footing is why early, specialist advice matters.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Brady & Associates Lawyers, as at 10 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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