Restraining Orders relating to people convicted of or charged with indictable offences – s 17 This Restraining Order allows the restraint of property of a person whom has been convicted of, charged with, or it is proposed that they be charged with an indictable offence.[1] An authorised officer will need to depose that the officer […]Continue reading
Restraining Orders relating to people suspected of committing serious offences – s 18 This Restraining Order allows the restraint of property of a person whom it is suspected has committed a serious offence.[1] The fundamental difference between s18 and s 17 Restraining Orders is that s 17 applies to indictable offences, whereas s 18 applies […]Continue reading
Restraining Orders relating to property (in rem) suspected of being proceeds of indictable offences – s 19 This Restraining Order allows the restraint of property where there are reasonable grounds for suspecting the property is the proceeds of an indictable offence inter alia,[1] or an instrument of a serious offence. Generally, proceeds of an offence […]Continue reading
Restraining Orders relating to literary proceeds from indictable offences – s 20 This Restraining Order allows the restraint of property of a person where there are reasonable grounds to suspect that a person has committed an indictable offence and the person has derived literary proceeds[1] in relation to the offence. Literary proceeds are any benefit […]Continue reading
Revoking an Ancillary Order If a person is affected by an ancillary order[1] and the order was heard without notice,[2] the person can apply to revoke the order within 14 days after the person was notified of the ancillary order.[3] While the application is on foot, the ancillary order is stayed until the court determines […]Continue reading
Glossary Note: Within the POCA, words that have a definition are denoted with a * next to them. Section 338 POCA contains the definitions. Effective Control It is not necessary that a person has a legal or equitable estate or interest in the property, nor is it necessary that a person has a right, power, […]Continue reading
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
Proceeds of Crime Sources of Information and Disclosure (s 266A) Chart
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
Proceeds of Crime Orders – Interlocutory or Final Chart
