Section 49 Forfeiture Orders – Property suspected of being proceeds of indictable offences etc. (flowing on from section 19 (in rem) restraining orders).

After a section 19 restraining order has been in place for 6 months, the AFP can apply for a forfeiture order.

A court must make an order that property specified in the order is forfeited to the Commonwealth if:

• The application is heard before a court with proceeds jurisdiction;
• The AFP (also being the responsible authority for the restraining order that covers the property) applies for the forfeiture order pursuant to section 49 POCA;
• The restraining order has been in force for at least 6 months;[1]
• The court is satisfied that one or more of the following applies:[2]
  • The property is proceeds of one or more indictable offences;
  • The property is an instrument or one or more serious offences;
• The court is satisfied that the AFP have notified people with an interest in the property.

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[1] The 6 months requirement can be waived if the order is made by consent, see s 316 POCA.

[2] Or the property is proceeds of one or more foreign indictable offences; or the property is proceeds of one or more indictable offences of Commonwealth concern.

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