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: […]Continue reading
Strict regulations govern the possession and use of firearms. Unauthorised possession or use of a firearm is a serious criminal offence and can result in significant penalties, including imprisonment. Unlicensed Possession and Use Under laws such as the Firearms Act 1996 (NSW), it is illegal to possess or operate a firearm without holding a valid […]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
Things relevant to all forfeiture orders If the application relates to a person’s conviction of an indictable offence, the forfeiture application must be made within 6 months[1] of the ‘conviction day’.[2] It is incumbent upon the AFP to provide notice of an application of a forfeiture order to:[3] if the order is sought relating to […]Continue reading
Section 47 Forfeiture Orders – conduct constituting serious offences (flowing on from section 18 restraining orders) After a section 18 restraining order has been in place for 6 months, the AFP can apply for a forfeiture order. A forfeiture order as the name suggests, forfeits the property to the Commonwealth. A court must make an […]Continue reading
Section 48 Forfeiture Orders – Convictions for indictable offences Section 48 forfeiture orders are a stand-alone type forfeiture order and are not dependent upon having a restraining order on foot. While the AFP have carriage of most matters relating to POCA, both the AFP and the CDPP have the authority under the act to make […]Continue reading
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 […]Continue reading
Section 92 Automatic Forfeiture – Person convicted of a serious offence (flowing on from section 17 or 18 restraining orders) If a person is convicted of a serious offence,[1] and the property is covered by a restraining order under section 17 or 18 against the person that relates to the offence, the property is forfeited […]Continue reading
Excluding property from forfeiture under Part 2-3 POCA (section 94 POCA) (referring to automatic forfeiture under section 92 POCA) Before Forfeiture A court that made a restraining order in section 92(1)(b) POCA must make an order excluding particular property from forfeiture if: A person applies for an order under section 94 POCA; The court is […]Continue reading
