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Section 24 of the Proceeds of Crimes Act 2002 (Cth) allows the defendant to apply for an allowance for living expenses amongst other things and in certain circumstances to be provided from restrained property. In the recent case of The Commissioner of the Australian Federal Police v Memon (No. 2) [2020] NSWSC 1636, a tender of evidence concerning […]Continue reading

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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

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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

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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

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