Asset forfeiture allows authorities to seize property connected to criminal activity. This can occur even in the absence of a criminal conviction. The aim is to disrupt criminal enterprises and prevent offenders from benefiting from unlawful conduct.

What Types of Property Can Be Seized?

A broad range of assets may be subject to forfeiture, including:

• Cash
• Vehicles
• Real estate
• Other valuables suspected of being acquired through criminal activity

Legislation

Asset forfeiture in Australia is governed by both state and federal laws. These include:

In New South Wales:

• Confiscation of Proceeds of Crime Act 1989
• Criminal Assets Recovery Act 1990

At the Federal Level:

• Proceeds of Crime Act 2002

Forfeiture Orders

Several types of legal orders may be issued under Australia’s asset forfeiture laws:

• Freezing Orders: Temporarily prevent individuals from accessing or disposing of specific assets during investigations or legal proceedings.
• Forfeiture Orders: Transfer ownership of certain assets to the government when they are proven to be the proceeds of crime.
• Pecuniary Penalty Orders: Require individuals to pay an amount equivalent to the benefit they received from criminal activity, even if the original assets are no longer available.

How Are Forfeiture Orders Obtained?

Applications for asset forfeiture orders are typically initiated by the Commonwealth Director of Public Prosecutions (CDPP) or the Australian Federal Police (AFP). These agencies must present evidence linking the assets to unlawful conduct and request the court to issue the appropriate order.

About Post Author

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.

Post Created by Jesslyn Duong, paralegal.

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