Proceeds of Crime
3. What are Confiscation Laws?
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 18 Aug 2015
- Forfeiture occurs when law enforcement authorities:
- confiscate money or property purchased with funds obtained illegally; or
- confiscate property that has been used in committing an offence.
- The court can order you to pay a fine that equates to the total amount of the financial benefit you have gained.
- If a restraining order is made in relation to your property you are no longer entitled to deal with that property in any way.
- If you jointly own property that is subject to a restraining order your share of the property may be affected even if you have not personally engaged in illegal activity. There are legal mechanisms available that may exempt your property from confiscation if you are an innocent third party.
- Time limits are imposed in relation to challenging restraining orders. Therefore you should seek legal advice as soon as you receive notice of the order.
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