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Do I have to be told that my property is about to be confiscated?

I read in the paper that if the police think you have been involved in illegal activity they can restrain your property without even telling you. Is this true?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 11-11-2015
1 Lawyer Answered
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  1. Proceeds of Crime
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

 

Answer by Andrea Stein, Brisbane 4000 QLD

  • There is no requirement under the confiscation regime for the authorities to give you notice.
  • If police suspect there is a connection between you or your property and the commission of a crime they can apply to the court for a warrant to restrain your property without first notifying you.

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