I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Police Powers Of Confiscation
In the Australian Capital Territory, laws give police wide powers to seize and confiscate, including powers over property that is in the control of people unassociated with any criminal offence.
The Confiscation of Criminal Assets Act 2003 operates on the principle that a person should not be enriched because of the commission of an offence. This applies whether or not anyone has been convicted of an offence.
The Act aims to:
- deprive a person of all material advantage, property or unexplained wealth derived from criminal activity;
- enable the effective tracing and seizure by law enforcement authorities of property and all material advantage related to crime.
The police can use a wide range of notices and orders in relation to the confiscation of assets, including inquiry notices, monitoring orders, transaction-suspension orders, examination orders and property-production orders.
Inquiry Notices to Financial Institutions
An inquiry notice requires a financial institution to give police information in relation to:
- An account (including safe-deposit boxes);
- A transaction (other than in relation to an account) conducted, or proposed to be conducted, by or with the institution.
It is an offence to contravene an inquiry notice, to give false or misleading information, or to disclose the existence or operation of the notice. The maximum penalty is a fine of up to 200 penalty units and/or two years’ imprisonment.
A monitoring order requires a financial institution to provide information about transactions by a person.
No notice is required when applying for a monitoring order, and the application can be heard in closed court, without the alleged offender or public present. The application can be made only if police have reasonable grounds for suspecting a person:
- has committed, or is about to commit, a serious offence; or
- was involved in the commission, or is about to be involved in the commission, of a serious offence; or
- has derived, or is about to derive, property or a benefit from the commission of a serious offence.
A serious offence means an offence against a territory law or the law of the Commonwealth, a State or another Territory that is punishable by imprisonment for 5 years or longer.
Contravening a monitoring order is punishable upon conviction by a fine of up to 200 penalty units and/or two years’ imprisonment.
A transaction-suspension order requires a financial institution, on becoming aware of a transaction through a stated account, to:
- immediately tell a police officer about the transaction; and
- delay the processing of the transaction for 48 hours.
The application can be made only if the police officer has reasonable grounds for suspecting that a person:
- has committed, or is about to commit, a money laundering offence;
- was involved in, or is about to be involved in, a money laundering offence;
- has derived, or is about to derive, property or a benefit from a money laundering offence; and
- operates, or has effective control of, the account.
A transaction-suspension order cannot be made in relation to a safe-deposit box.
No notice is required when applying for a transaction-suspension order, and the application can be heard in closed court, without the alleged offender or public present.
Production Orders for Property-Tracking Documents
A production order requires a person to provide any property-tracking documents that relate to the person or property (or both) stated in the order.
A property-tracking document means a document relevant to:
- identifying, locating or quantifying:
- property (including tainted property and property under the effective control of a person); or
- benefits derived by a person from an relevant offence; or
- evidence in relation to the above; or
- identifying or locating a document for the transfer of property; or
- understanding a document in relation to the above.
No notice is required when applying for an order, and the application can be heard in closed court, without the alleged offender or public present. On application by police, a court can declare the order is a non-disclosable production order, meaning disclosure of the existence or operation of the order is prohibited.
Examination Orders and Notices
An examination notice is a notice by an authorised investigator requiring a person to provide any information or documents (or both) the person has in relation to the investigation. An application for the order can be made only if the authorised investigator has reasonable grounds for suspecting the person has information or documents, including property-tracking documents.
“Investigation” means an investigation of:
- a person’s property or dealings with property;
- benefits derived by the person, or an associate, from a relevant offence;
- the financial affairs of the person or an associate; or
- whether an application could be made for an order or search warrant;
- whether a proceeding could be begun for an offence against the Act, a corresponding law or for a money-laundering offence.
To grant an order, the court must be satisfied that there are reasonable grounds for the investigator’s suspicions.
Under an examination notice a person can be examined on oath or affirmation by the investigator. The investigator can require a person to answer a question. Lawyers are allowed to accompany their clients at the examination.
Non-Compliance at Examination
A person who obstructs, hinders, intimidates or resists an investigator is liable upon conviction to a fine of up to 200 penalty units and/or imprisonment for two years. Failure to attend for an examination carries the same maximum penalties.
A person who is required by an examination notice to attend an examination commits an offence if they:
- do not swear an oath or make an affirmation;
- fail to answer a question;
- fail to produce a document; or
- leave the examination before being excused by the investigator.
The maximum penalty is a fine of up to 200 penalty units and/or imprisonment for two years.
For advice or representation on any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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