Acquittal or quashing of conviction in relation to section 47, 48, or 49 forfeiture order If a person is acquitted of their previous conviction after the making of a forfeiture order, or if the person’s conviction is quashed,[1] this does not affect a section 47 or section 49 forfeiture order.[2] For a section 48 forfeiture […]Continue reading
Compensation for proportion of property not derived or realised from commission of any offence A court that made a restraining order in section 92(1)(b) POCA must make an order to pay the applicant an amount of compensation[1] if: A person applies for an order under section 94A POCA; The court is satisfied that the applicant […]Continue reading
Excluding property from forfeiture under Part 2-3 POCA (section 94 POCA) (referring to automatic forfeiture under section 92 POCA) Before Forfeiture A court that made a restraining order in section 92(1)(b) POCA must make an order excluding particular property from forfeiture if: A person applies for an order under section 94 POCA; The court is […]Continue reading
Section 92 Automatic Forfeiture – Person convicted of a serious offence (flowing on from section 17 or 18 restraining orders) If a person is convicted of a serious offence,[1] and the property is covered by a restraining order under section 17 or 18 against the person that relates to the offence, the property is forfeited […]Continue reading
Section 49 Forfeiture Orders – Property suspected of being proceeds of indictable offences etc. (flowing on from section 19 (in rem) restraining orders). After a section 19 restraining order has been in place for 6 months, the AFP can apply for a forfeiture order. A court must make an order that property specified in the […]Continue reading
Section 48 Forfeiture Orders – Convictions for indictable offences Section 48 forfeiture orders are a stand-alone type forfeiture order and are not dependent upon having a restraining order on foot. While the AFP have carriage of most matters relating to POCA, both the AFP and the CDPP have the authority under the act to make […]Continue reading
Section 47 Forfeiture Orders – conduct constituting serious offences (flowing on from section 18 restraining orders) After a section 18 restraining order has been in place for 6 months, the AFP can apply for a forfeiture order. A forfeiture order as the name suggests, forfeits the property to the Commonwealth. A court must make an […]Continue reading
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 […]Continue reading
Revoking an Ancillary Order If a person is affected by an ancillary order[1] and the order was heard without notice,[2] the person can apply to revoke the order within 14 days after the person was notified of the ancillary order.[3] While the application is on foot, the ancillary order is stayed until the court determines […]Continue reading
