Criminal Proceeds (Recovery) Act 2009 Flashcards
1
Q
When did the CP(R) Act commence?
A
1 Dec 2009
2
Q
What are the powers of review and taking under the CP(R) Act?
A
Can review up to 7 yrs of earning or take all tainted property.
3
Q
Define significant criminal activity.
A
Offence 5yrs or more imprisonment
OR
Ciriminal benefit $30K or more
4
Q
Discuss the case law for CPR Act.
A
Q v Brazendale
Cultivation of cannabis, 30+ plants and historical growing.
Property owned by family trust.
Convicted and discharged and property forfeited.
5
Q
Discuss the standard of proof for this Act.
A
On balance of probabilities. Onus on respondent.
6
Q
List 7 ways in which criminal investigation can help.
A
- ID criminal offending and for how long
- ID associates
- ID possession and control of assets
- ID how assets purchased
- prove cash payments made for living expenses
- employment and other income
- ID bank accounts
