Proceeds of Crime Legislation

The Commonwealth Proceeds of Crime Act 2002 provides a scheme to trace, restrain and confiscate assets which are wholly or partly derived from crime or which have been used in the commission of a crime.

The Law Council has a number of concerns with the regime established under the Proceeds of Crime Act. In particular, the Law Council has raised concerns about:

• The unavailability of restrained assets to fund legal costs;
• Insufficient judicial discretion to avoid unduly harsh and disproportionately punitive outcomes under the Act;
• The use of coercive examinations powers;
• The standard of proof required to restrain and seize assets; and
• The imposition of a reverse onus of proof.

Below are some of the submissions that the Law Council has made regarding the operation of, or proposed amendment to, the Proceeds of Crime Act.

Materials

Years: 2012 , 2011 , 2009 , 2008

2012

•  Inquiry into Commonwealth unexplained wealth legislation and arrangements - Discussion Paper
  Submission to the Parliamentary Joint Committee on Law Enforcement

2011

•  Inquiry into Commonwealth Unexplained Wealth Legislation and Arrangements
  Submission to the Parliamentary Joint Committee on Law Enforcement
•  Crimes Legislation Amendment Bill (No.2) 2011
  Submission to the Senate Legal and Constitutional Affairs Committee
•  Cybercrime Legislation Amendment Bill 2011
  Submission to the Joint Select Committee on Cyber-Safety

2009

•  Inquiry into the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009
  Submission to the Senate Committee on Legal and Constitutional Affairs
•  Proposed amendments to the Proceeds of Crime Act 2002
  Submission to the Criminal Justice Division, Attorney-General’s Department

2008

•  Proceeds of Crime - Law Council Concerns
  Memo to Attorney-General’s Department