Custody and Control Part of the POCA regime is to allow the Official Trustee (being AFSA) to take custody and control of property covered by a restraining order if the court is satisfied that this is required. This is obviously required to give effect to restraining orders and stop people dissipating certain property.
Production Orders A production order is a Magistrate made order under the application of an AFP Officer for documents. The documents requested have a broad ambit,[1] and are predominantly aimed at identifying, locating or quantifying property for POCA proceedings. The test is that the Magistrate is satisfied by information on oath that the person is […]Continue reading
Ancillary Orders The court that made a restraining order, or any other court that could have made the restraining order, may make any ancillary orders.[1] Ancillary orders are generally directed at giving effect to restraining orders inter alia. Ancillary order examples include: An order directing the suspect in relation to the restraining order to give […]Continue reading
Notices to Financial Institutions A notice to a financial institution is a notice authorised by a senior executive AFP employee (or higher), requiring the financial institution to provide information to an AFP member. The information requested can be broad and can include whether the person holds an account, is a signatory to an account, as […]Continue reading
Monitoring Orders A Monitoring Order is a judge made order which is made on the application of the AFP to order a financial institution provide information on transactions conducted on a credit or debit card. To make the order, the judge must be satisfied that there are reasonable grounds to suspect that the person who holds […]Continue reading
Buying Back Forfeited Property from a sections 47, 48, or 49 order A court that makes a forfeiture order against property may make an order excluding a specified interest from a forfeiture order[1] if it is satisfied that: It would not be contrary to the public interest for a person’s interest in the property to […]Continue reading
Relieving dependants of hardship (section 72 POCA) If the court is making a forfeiture order (not being a section 48 POCA forfeiture order) and is satisfied that: The forfeiture would cause hardship to the dependent of a person of whose property is the subject of a forfeiture order; and A payment of a specified amount […]Continue reading
Exclusion from forfeiture If a forfeiture order was made under section 47 or 49 POCA, a court must make an order excluding a specified interest in property from forfeiture if the court is satisfied that the applicant’s interest in the property is neither of the following: proceeds of unlawful activity;[1] an instrument of any serious […]Continue reading
Compensation Orders The purpose of compensation orders is to compensate for proportions of property not derived or realised from the commission of any offence. A court that made a forfeiture order (or that is hearing, or is going to hear an application for a forfeiture order) must make a compensation order[1] if: a person has […]Continue reading
Pecuniary Penalty Orders (PPO) PPO’s are designed to create a civil debt or a judgment debt against an offender when there are not enough assets to satisfy a forfeiture order. It prevents a criminal who is currently relatively impecunious from being subject to proceeds of crime action in relation to future activities. A court must […]Continue reading
