Proceeds of Crime – Relief from Restraining Orders – Excluding Property from Restraining Orders (ss 17, 18 or 19)


Excluding Property from Restraining Orders (ss 17, 18, or 19)

In order to get an interest excluded from a restraining order, generally speaking, the court must be satisfied that the specified interest in property is neither proceeds, nor an instrument.[1]

If an ex-parte restraining order is made, a person whom claims an interest in property that is covered by the restraining order may seek an exclusion application.[2]

The court must not hear an application to exclude specified property from the restraining order is the restraining order is in force and the AFP has not been given a reasonable opportunity to conduct examinations in relation to the application.

Excluding property from a section 17 and/or section 18 restraining order can also not occur unless the court is satisfied that neither a PPO or literary proceeds order could be made against the person who has the interest (or is under their effective control). If the AFP have sought a PPO in their originating Summons in relation to the matter, this may present an issue in this respect.[3] At the very least it will bring into argument the question as to whether a PPO could be made.

Applications for exclusion can also occur if the person is put on notice of the upcoming restraining order application.[4]

[1] S 29 Proceeds of Crime Act 2002 (Cth).

[2] S 31 Proceeds of Crime Act 2002 (Cth).

[4] S 29(4) Proceeds of Crime Act 2002 (Cth).

[5] S 30 Proceeds of Crime Act 2002 (Cth).

About Post Author

* Information contained in this article is of a general nature only and should not be relied upon as concise legal advice.
Please contact for legal advice tailored to your situation. *

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About Brian Walker

B.Acc., GradDipLegPrac, Juris Dr Barrister & Accountant. Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

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