The term "Proceeds of Crime" is generally understood to mean the benefits received by persons from serious criminal activity. Both the Commonwealth and the States have passed laws dealing with "Proceeds of Crime", and other related matters.
The main object of these laws is to deprive persons of the proceeds and benefits gained as a result of serious criminal activity. "Proceeds of Crime" laws are generally divided into conviction based laws and civil forfeiture laws. Conviction based laws usually require a conviction for an offence before forfeiture of the assets is permitted. While forfeiture laws requires a lesser standard of proof to achieve the forfeiture of assets.
The Commonwealth and all the States and Territories, with the exception of Tasmania, now provide for both civil and conviction based forfeiture in their laws.
Powers of Law Enforcement Agencies
The powers provided by legislation to law enforcement agencies are extensive. Although the Commonwealth laws are uniform across Australia, the State laws vary between the states. Generally however the powers may include the following,
-
Allow for the forfeiture of property used in connection with the commission of an offence.
-
Provide wide investigative powers and compel persons to provide evidence.
-
Allow for pecuniary penalty orders against persons.
Commonwealth Law
Generally, the powers of the Commonwealth "Proceeds of Crime" laws relate to matters arising out of criminal conduct involving Commonwealth offences. However the law enables the enforcement of orders in Australia with respect to serious offences that occurred overseas.
The Proceeds of Crime Act (Commonwealth) 2002 came into effect on the 1 Jan 2003 and substantially increased the powers of law enforcement agents with respect to "Proceeds of Crime" involving Commonwealth offences.
Challenge to the confiscation of property or other matters
Under both the Commonwealth and State laws there is scope for persons affected by these laws to challenge orders made against them or on property or assets in which they have an interest.
However the legislation prescribes strict time limits to make such applications, so it is therefore important that you contact a solicitor as soon as possible to ensure that you avail yourself of all available options.
Contact us now for Fast, Accurate and Timely legal advice
Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email