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Do I need a conviction for my property to be confiscated?

My house has been restrained by police. It was given to me by my elderly father last year. He has now been charged with money laundering but we are not sure the matter will proceed to trial because of his health and age. I live in Brisbane.
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

  • No. Confiscation laws extend to civil activities related to prior criminal activities in some states and territories.
  • In Queensland assets can be seized and bank accounts to be frozen without first obtaining a conviction.
  • Queensland also has laws applying specifically to financial institutions such as banks.

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