Criminal Proceeds Confiscation Act 2002
The proceeds of crime laws in Queensland can be found in the Criminal Proceeds Confiscation Act 2002. The law provides for confiscated property to be forfeited to the State of Queensland and are usually only relevant to people charged with serious drug offices.
The Crime and Corruption Commission institutes proceedings and the Office of the Director of Public Prosecutions acts as their solicitors on the record. Often a target of these actions only finds out that they have been targeted when they are served with paperwork advising that all of their assets have already been frozen.
Jasper Fogerty Lawyers is uniquely placed to help you with these proceedings. Julia Jasper holds dual qualifications as an Accredited Specialist in Criminal Law and Chartered Accountant. She has more than 7 years experience working as Senior Financial Investigator in law enforcement, focused on the confiscations.
There are three main ways that assets can be confiscated under the Queensland legislation -
Chapter 2 - Confiscation without conviction
This chapter allows the State to confiscate assets of people who are suspected of serious crime related activity. A person does not need to have been convicted of any criminal offence to trigger the operation of this chapter, including forfeiture orders, proceeds assessment orders and the newly introduced unexplained wealth orders.
Chapter 2A - Serious drug offender confiscation orders
This chapter is the newest part of the Act and came into effect on 6 September 2013. It enables the State to confiscate all of the assets of people convicted of certain serious drug offences, regardless of how the assets were acquired.
Chapter 3 - Confiscation after conviction
Chapter 3 deals with the confiscation of assets that are used when committing serious crimes and property that has been acquired directly or indirectly as a result of crime.