In New South Wales, it is a legislative requirement in the Firearms Act 1996 (NSW) ‘the Act’ to have a licence or permit to possess or use a firearm.[1] A person can be charged with the offence of unauthorised possession or use of firearms contrary to section 7 or 7A depending on the classification of firearm. […]Continue reading
An Apprehended Violence Order (AVO) is a restraining order enforced by the Crimes (domestic and personal Violence) Act 2007 (NSW). The purpose of an AVO is to protect a person from apparent or actual acts of: violence, stalking, intimidation or harassment. The court may on application make an AVO if it satisfied that on the balance […]Continue reading
The prevalence of drug possession at festivals has become a more common occurrence. In response police are often patrolling at events, sometimes with the assistance of drug detection dogs. The law that regulates drug possession in New South Wales is the Drug misuse and Trafficking Act 1985 (NSW). Possessing a prohibited drug is an offence […]Continue reading
On the 13th of August, Sydney was rocked by what appeared to be a lone wolf style terrorist attack. Mert Ney was subsequently detained by civilians with a milk crate in what some describe as a citizens arrest of sorts. It’s been reported that Ney will defend the charges he is faced with under mental […]Continue reading
Excluding Property from Restraining Orders (ss 17, 18, or 19) In order to get an interest excluded from a restraining order, generally speaking, the court must be satisfied that the specified interest in property is neither proceeds, nor an instrument.[1] If an ex-parte restraining order is made, a person whom claims an interest in property […]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
Revoking a Restraining Order If a restraining order was made ex-parte, a person may apply to the court to revoke the order.[1] The application must be made within 28 days.[2] This time period can be extended for up to 3 months if the court allows.[3] The applicant must give written notice to the AFP and […]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
Custody and Control Part of the POCA regime is to allow the Official Trustee (being AFSA) to take custody and control of property covered by a restraining order if the court is satisfied that this is required. This is obviously required to give effect to restraining orders and stop people dissipating certain property.
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
