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Restraining Orders relating to property (in rem) suspected of being proceeds of indictable offences – s 19 This Restraining Order allows the restraint of property where there are reasonable grounds for suspecting the property is the proceeds of an indictable offence inter alia,[1] or an instrument of a serious offence. Generally, proceeds of an offence […]Continue reading

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Restraining Orders relating to literary proceeds from indictable offences – s 20 This Restraining Order allows the restraint of property of a person where there are reasonable grounds to suspect that a person has committed an indictable offence and the person has derived literary proceeds[1] in relation to the offence. Literary proceeds are any benefit […]Continue reading

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Restraining Orders relating to unexplained wealth – s 20A Restraining Orders pertaining to unexplained wealth were introduced via the Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (Cth). The unique element of unexplained wealth orders is that there are reasonable grounds to suspect that a person’s total wealth exceeds the value of the person’s […]Continue reading

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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

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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

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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.

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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

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