Proceeds of Crime
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.
Proceeds of Crime Articles
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.