Proceeds of Crime Matters

Legislative initiatives by both the State and Commonwealth governments have seen the implementation of forfeiture as a sanction imposed by the governments in response to criminal activities.

There are four principle statutes that currently regulate the confiscation of assets and proceeds of crime in New South Wales. These are the:

Proceeds of Crime Act 1987 (Cth) POCA 1987;

Confiscation of Proceeds of Crime Act 1989 (NSW) COPOC;

Proceeds of Crime Act 2002 (Cth) POCA 2002; and

Criminal Assets Recovery Act 1990 (NSW) CARA.

Each legislation is different although there are similarities.  Most confiscation proceedings will be accompanied by criminal prosecutions, although this is not necessary in every case.  If you are subject to confiscation action, please contact us for advice.