Proceeds of Crime Resources
Revocation orders made under the Proceeds of Crime Act 2002 (Cth) A restraining order, which has been made under the Proceeds of Crime Act 2002 (Cth) (“POCA”), prohibits the disposal of, or dealing with, property that is the subject of that order.
Restraining Orders (Confiscation Act & Proceeds of Crime Act)
A restraining order can be made under both the Federal legislation outlined in the Proceeds of Crime Act 2002 (Cth) (“POCA”) or the Victorian legislation, the Confiscation Act 1997 (Vic). The type of restraining order that can be made depends on what offence(s) have been, or are suspected to have been, committed.
Cryptocurrencies can be restrained by a Court order if the acquisition is suspected to have arisen in connection with criminal offences. Although, the decentralised structure of the network(s) on which cryptocurrencies exist has made it difficult for central authorities to take control or restrain that property.
Restraining Orders (Proceeds of Crime Act)
Restraining orders made under the Proceeds of Crime Act 2002 (Cth) (“POCA”) is complex legislation and is often described by judges as draconian. Its principal objects are designed to deprive persons of the proceeds of offences.