If you have been served with a Restraining Order, it is crucial that you seek legal advice immediately as there are strict time frames in which you MUST take action if you intend to exclude your property from the Restraining Order.
The Purpose of the Act
The purpose of the Proceeds of Crime Act 2002 (Cth) is to deprive suspects, alleged offenders or convicted offenders of property which is either proceeds or an instrument. Property is proceeds of an offence if it is derived wholly or partly from an offence. Property is an instrument if it was used in connection with the offence.
The Act allows the Australian Federal Police to seize, freeze, restrain assets and seek forfeiture in circumstances where it is alleged the asset is an instrument or proceeds of crime.
Proceeds of crime include assets acquired through criminal activity, assets used in connection with an offence or assets that cannot be explained.
Understanding the Process
Applications for a Restraining Order are usually made ex parte, meaning a person will have no notice of the Application until they are served with a Restraining Order. It is critical that advice is sought from a Confiscation expert as soon as a Restraining Order is served to ensure interests in property are correctly declared and the appropriate steps are taken to preserve the asset.
Property can be restrained and forfeited even where no one has been charged or convicted. Often, spouses or third parties who are not involved in any alleged criminal offences can have their property restrained due to joint ownership.
Standard of Proof
How We Can Help
- Revocation;
- Exclusion;
- Forfeiture;
- Compensation and hardship;
- Examination;
- Variations; and
- Pecuniary Penalty Orders.
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