Proceeds of Crime Forfeiture Orders


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 a person’s conviction of an offence – the person; and
  • any person who claims an interest in property covered by the application; and
  • any person whom the AFP reasonably believes may have an interest in that property.

unless the person has absconded.[4]

General principles applying to forfeiture orders

Once property is the subject of a forfeiture order (and requisite appeal times have been exhausted)[5], AFSA disposes of any property that is not money and provides the money to the confiscated assets account minus any costs, charges, and expenses payable to or incurred in connection with the disposal of the property.[6] If AFSA is required to deal with property specified in a forfeiture order but has not yet begun, the Minister[7] may direct that the property be dealt with in a different way.

[1] S 59(2) Proceeds of Crime Act 2002 (Cth).

[2] Defined in s 333 Proceeds of Crime Act 2002 (Cth).

[3] S 61 Proceeds of Crime Act 2002 (Cth).

[4] Ss 63 & 334 Proceeds of Crime Act 2002 (Cth).

[5] S 69 Proceeds of Crime Act 2002 (Cth).

[6] S 70(1)(b) Proceeds of Crime Act 2002 (Cth).

[7] Being the Minister for Home Affairs – Administrative Arrangements Order 19/04/18.

About Post Author

* Information contained in this article is of a general nature only and should not be relied upon as concise legal advice.
Please contact us for legal advice tailored to your situation. *

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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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