Proceeds of Crime
4. Identifying & Restraining
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 18 Aug 2015
- Responsibility for investigating and identifying assets lies with the police in each state and territory. The police locate and collect the evidence that is needed to pursue the proceeds of crime.
- An investigative agency will interview witnesses and take statements relating to the alleged criminal activity.
- An interim restraining order can be made until your case is determined by the court. Under this order you are forbidden from:
- selling the property;
- giving it away to family or associates; or
- dealing with it generally.
- Restraining laws are different in each state and territory. In some jurisdictions your property cannot be restrained unless you have received a formal order from the court. In others your property may be subject to restraint without this requirement.
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