Restraining Orders The purpose of Restraining Orders is to restrain property to prevent its dissipation until the conclusion of the proceedings which usually occurs at forfeiture. POCA restraint can occur without a criminal conviction and/or without a criminal charge. Generally POCA action will commence though when a suspect has been charged as it is then […]Continue reading
Proceeds of Crime Freezing Orders A Freezing Order is a Magistrate issued order that a financial institution not allow a withdrawal from an account with the institution if there are reasonable grounds to suspect (broadly) that the balance of the account is proceeds of an indictable offence, or is wholly or partly an instrument of […]Continue reading
Disclosure of POCA Obtained Information[1] As POCA information is contained in a coercive manner, there are constraints around when it can be disclosed. Section 266A POCA applies to information obtained from: Sworn statements,[2] including sworn statements made by the suspect in relation to a restraining order,[3] a sworn statement made by an owner or previous […]Continue reading
Proceeds of Crime Search Warrants POCA Search Warrants are substantially similar to standard Federal level search warrants contained in the Crimes Act 1914 (Cth).[1] A POCA Search Warrant is a Magistrate issued search warrant, which is issued if the Magistrate is satisfied that there are reasonable grounds for suspecting that there is at the premises, or […]Continue reading
Monitoring Orders A Monitoring Order is a judge made order which is made on the application of the AFP to order a financial institution provide information on transactions conducted on a credit or debit card. To make the order, the judge must be satisfied that there are reasonable grounds to suspect that the person who holds […]Continue reading
Notices to Financial Institutions A notice to a financial institution is a notice authorised by a senior executive AFP employee (or higher), requiring the financial institution to provide information to an AFP member. The information requested can be broad and can include whether the person holds an account, is a signatory to an account, as […]Continue reading
Production Orders A production order is a Magistrate made order under the application of an AFP Officer for documents. The documents requested have a broad ambit,[1] and are predominantly aimed at identifying, locating or quantifying property for POCA proceedings. The test is that the Magistrate is satisfied by information on oath that the person is […]Continue reading
Proceeds of Crime Examinations Compulsory examinations are one of the most powerful tools that come out of the POCA. They are broadly analogous to coercive examination powers contained in state confiscation legislation (which is run by the NSW Crime Commission in NSW), and coercive examination powers in ICAC inquiries. Often Examinations are sought in the […]Continue reading
Brief History of Asset Confiscation Law in Australia The genesis of asset confiscation law most probably lies in the common law concepts of attainder and corruption of blood.[1] Attainder was believed to have emerged in 1308,[2] and is a concept under which the civil rights and capacities of the offender (including the right to hold, […]Continue reading
Proceeds of Crime Orders – Interlocutory or Final Chart
