PROCEEDS OF CRIME AND ASSET FORFEITURE
Asset Forfeiture
A Forfeiture Order is an order where the state may confiscate and dispose of property that is alleged to have been used in, or in connection with, the commission of a serious offence.
A Forfeiture Order can only be granted if the court is satisfied on the balance of probabilities that the property is tainted property. This means property that was:
- Used in, or in connection with, the commission of a serious offence; or
- Obtained, either directly or indirectly, by the defendant as a result of the commission of a serious offence.
If the court makes a Forfeiture Order, the state may take possession of the property (if it hasn’t done so already) and may, after a certain period of time, dispose of the property.
We can give you further information on how to reduce the effect of a Forfeiture Order to avoid hardship to dependants. We can also help you apply to exclude certain property from the Forfeiture Order or to appeal the decision of the court to make the Forfeiture Order.
Proceeds of Crime
A Proceeds Assessment Order is an Order compelling an offender to pay to the Treasurer the amount of money they have derived from illegal activity.
In certain circumstances, the court can make a proceeds assessment order against a person if the court is satisfied that:
- The persons derived proceeds from an illegal activity of another person; and
- The person knew or ought reasonably to have known that the proceeds were derived from an illegal activity of another person; and
The other person was, within the 6 years prior to the making of the application for the proceeds assessment order, engaged in a serious crime related activity.
If you have been given written notice of a proceeds assessment order application, it is essential that you seek legal advice immediately, attend the hearing and give evidence. If you are able to prove the source of funds used to acquire the property named in the application, the court has the discretion not to grant the proceeds assessment Order.
