Asset Forfeiture To The CDPP
In this section you will find information about the circumstances in which the Commonwealth Director of Public Prosecutions (DPP) can freeze and confiscate property.
Please select the article you would like to know more information about or read on for general information about asset forfeiture in Commonwealth matters.
If a person is convicted or suspected of involvement in a serious offence an application can be made for one (or more) of the following confiscation orders:
- A freezing order, which is an order that a financial institution must not allow the balance of a named financial account to be reduced; or
- A restraining order, which is an order that no person is to dispose of, or interfere with (or attempt to dispose of or interfere with), the property specified in the order, except in such manner or in such circumstances (if any) as are specified in the restraining order; or
- A pecuniary penalty order, which is an order compelling an offender to pay money for the benefits derived from criminal activity; or
- A forfeiture order, which is an order allowing the Commonwealth to confiscate and dispose of property.
A serious offence includes any offence against the laws of the Commonwealth that is punishable by imprisonment for at least 3 years.
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This article was written by Michelle Makela
Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...
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