How are the Proceeds of Crime and Confiscation Acts applied by the authorities?

Managing Principal
Proceeds of Crime & Confiscation Law
24 May 2023

Both the Proceeds of Crime Act 2002 (Cth) and the Confiscation Act 1997 (Vic) have a shared primary purpose – to deprive offenders from the profits of their crimes, and from any property connected with their offending. However, each Act operates under a different jurisdiction.

The Confiscation Act is state level legislation within Victoria, whilst the Proceeds of Crime Act is federal legislation which applies across the whole of Australia. The nature and circumstances of any alleged offences will determine which Act is applied in your case. 

Under both Acts, it is important to understand that the term ‘property’ can include tangible and intangible assets. Property can also be restrained for the purpose of compensating victims of crime. Both Acts contain strict time limitations which, if not observed, may lead to property being irretrievably forfeited without compensation to you.

Simon Tsapepas, Director of Madison Branson Lawyers, discusses the application of the Proceeds of Crime and Confiscation Acts, and explains the importance of acting quickly when facing potential proceedings under either piece of legislation. Simon is a member of the Supreme Court of Victoria Proceeds of Crime & Confiscation List User Group.

For a confidential discussion about proceeds of crime matters, contact the Madison Branson Proceeds of Crime & Confiscation Law team today.

The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information is for general informational purposes only.

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