In Australia, dealing with the proceeds of crime is a serious legal matter. These laws aim to prevent individuals or organisations from benefiting from criminal activities, such as drug trafficking, fraud, tax evasion, or organised crime. Here’s an overview of the key laws and processes that govern proceeds of crime matters in Australia. What […]Continue reading
Cryptocurrency is a highly volatile and relatively new market / method of exchanging wealth. Whilst certain KYC (know your customer) legislation exists, the cryptocurrency medium is still in its infancy. It is attractive to money launderer’s as it provides a good medium to transfer wealth whilst not recognising borders and remaining pseudonymous. The rise of […]Continue reading
There is an obligation for a registered health practitioner to notify the National Board for their profession (e.g. medical, dental, pharmacy etc) within 7 days of being charged with a criminal offence which is punishable by 12 months of imprisonment or more. Many criminal offences carry penalties punishable by 12 months imprisonment or more. As […]Continue reading
Proceeds of Crime A Guide For Solicitors by Brian Walker, Barrister Clarence Chambers Level 21, 133 Castlereagh Street SYDNEY NSW 2000 (02) 7258 2369 [email protected] an unedited version – December 2020 Information contained in this article is of a general nature only and should not be relied upon as concise legal advice. Contents History 4 […]Continue reading
Proceeds of Crime Quick Reference Guide
Section 24 of the Proceeds of Crimes Act 2002 (Cth) allows the defendant to apply for an allowance for living expenses amongst other things and in certain circumstances to be provided from restrained property. In the recent case of The Commissioner of the Australian Federal Police v Memon (No. 2) [2020] NSWSC 1636, a tender of evidence concerning […]Continue reading
On 17 December 2020 in Commissioner of the Australian Federal Police v Tjongosutiono [2020] NSWSC 1815, further judicial consideration was given to the interpretation of section 330(4) of the Proceeds of Crime Act 2002 (Cth) and its interaction with ‘cuckoo smurfing’ as a money laundering technique used in Australia. In this case, Mr Tjongosutiono had […]Continue reading
Further consideration of s 330(4)(a) Proceeds of Crime Act 2002 (Cth) post the High Court’s decision in Lordianto v Commissioner of the Australian Federal Police [2019] HCA 39. In Gwe v Commissioner of the Australian Federal Police [2020] NSWCA 247, assets were excluded from restraining orders on the basis that there was no evidentiary basis […]Continue reading
Reckless wounding is an offence pursuant to section 35 of the Crimes Act 1900 (NSW) ‘Act’. A person that wounds any person and is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.[1] The maximum penalty for a conviction of reckless wounding is 7 years imprisonment. […]Continue reading
What is a section 10? Section 10 of the Crimes (Sentencing Procedure) Act provides for dismissal of charges and condition discharge of offender. The Act states that in a plea of guilt a court may dismiss ordering a conviction by making any one of the following orders: (a) an order directing that the relevant charge […]Continue reading
