ASSEST CONFISCATION

Question 1

What are the headings in the Operation Orders?

Answer 1

TSMEACS

Topography 
Situation
Mission
Execution
Administration and Logistics
Command an Communication
Safety Check

Question 2

In relation to asset confiscation, what is a serious offence?

Answer 2

Offence against the laws of NSW being an offence prosecuted one indictment.

Offence of supplying a prescribed restricted substance.

Offences prescribed under the regulations

Question 3

What must be required for a forfeiture application?

Answer 3

Person must be convicted of a serious offence or drug trafficking offence
Must be made within 6 months of conviction
Civil Standard of proof
Jurisdictional limit:
- Property under 100k local court
- Property over 100k high court

Question 4

Why do we do assess confiscation?

Answer 4

Attack the profit motive behind crimes
Take proceeds of crimes
Take things used to commit crimes

Question 5

What is tainted property?

Answer 5

• was used in, or in connection with, the commission of a serious offence, or -
• was substantially derived or realised, directly or indirectly, by any person, from property used in, or in connection with, the commission of a serious offence, or
• was substantially derived or realised, directly or indirectly, by any person, as a result of the commission of a serious offence, or
• literary / film etc proceed from depiction of a serious offence.

Question 6

What does a freezing notice do? (Section 42 CoPoCA)

Answer 6

• Prevents disposal of tainted property
• Allows police to seize and sell prior to conviction
• Does not authorise police to enter private premises.

Question 7

When can police apply for a freezing notice?

Answer 7

• 48 hours before charging with serious offence/drug trafficking offence.
• Anytime after being charged
• Must be within 6 months of the person being convicted

Question 8

What are the principle objectives of CoPoCA?

PFTS

Answer 8

• deprive persons of the Proceeds of, and benefits derived from, the commission of offences.
• to provide for the Forfeiture of property used in or in connection with the commission of such offences or substitutable tainted property
• to enable law enforcement authorities effectively to Trace such proceeds, benefits and property,
• to provide for the enforcement in the State of forfeiture orders, pecuniary penalty orders and restraining orders made in respect of offences against the laws of other States.