Proceeds of Crime Dependant Hardship Order


Relieving dependants of hardship (section 72 POCA)

If the court is making a forfeiture order (not being a section 48 POCA forfeiture order) and is satisfied that:

  • The forfeiture would cause hardship to the dependent of a person of whose property is the subject of a forfeiture order; and
  • A payment of a specified amount of money made to that dependent would relieve that hardship; and
  • If the dependent is at least 18 years old, the dependent had no knowledge of the person’s conduct that is the subject of the forfeiture order;

then the court must make an order directing the Commonwealth to pay that specified amount to the dependent.

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* Information contained in this article is of a general nature only and should not be relied upon as concise legal advice.
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About Brian Walker

B.Acc., GradDipLegPrac, Juris Dr Barrister & Accountant. Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

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