Confiscation Law - Restrained assets

We are one of the few firms in Melbourne who specialise in Confiscation Law. We have extensive experience negotiating with the Office of Public Prosecutions and Asset Confiscation Operations in relation to restrained property. We can help protect your interest in property that is subject to a Restraining order due to actual or suspected criminal offences by lodging an exclusion order with the relevant court.
We can assist you with:

Restraining order
Confiscation Act 1997 (Vic)
Forfeiture of property
Exclusion order (excluding order)
Declaration of property interests
Form 2-10M

If someone is charged with or suspected of committing an offence, their property may be restrained under a restraining order. A restraining order can restrain various types of property such as cash, bank accounts, houses and cars. Restrained property may be confiscated from an offender or suspected offender. Restrained assets or property cannot be used to pay legal fees.
Confiscated property may be

forfeited to the state,
used to compensate a victim, or
used to pay a pecuniary penalty order (financial penalty) to the state.

There are certain offences which if a person is found guilty then the property will automatically be forfeited to the state. In less serious matters, someone who is guilty of a less serious offence may be able to protect property that was not used in the commission of an offence or obtained with the proceeds of crime. Innocent parties may also have an interest in or ownership of restrained property. They can protect their interest in the property from the restraining order by lodging an exclusion application with the court.
To discuss any matters arising from Confiscation Law throughout Melbourne and Victoria please contact us on 03 9642 0435 or email admin@phsolicitor.com.au.

Asset Confiscation Process*

The ACO (Asset Confiscation Operations) has responsibility of the forfeiture restraint and disposal of:

property used to commit crimes
money resulting from crime
property bought with money that comes from a criminal offence.

Asset Confiscation Operations also has the power to enforce offenders pay back the dollar value of any benefit they receive from crime through a Pecuniary Penalty Order.

Confiscation

Confiscation is the process by which:

the proceeds of a crime are forfeited to the state
property purchased with proceeds of crime is forfeited to the state
the property that is used to commit a crime is seized and forfeited
the offender is required to pay back to the state the dollar value of the benefit that he or she has received as a result of committing the crime (a Pecuniary Penalty Order).

Types of property potentially subject to confiscation

Types of property that can potentially be subject to confiscation include:

any property used in the commission of an offence
any property obtained with the proceeds of the commission of an offence
depending on the gravity of the offence, property can be automatically forfeited whether or not the property was connected with the offending.

In the case of civil forfeiture a person need not be charged with an offence for property to be forfeited, if it can be shown that the property was acquired with the proceeds of crime.

What happens to confiscated goods?

Auctions are held by agents of Victoria Police to sell forfeited goods and real property (land) is sold at public auction by ACP.

Funds realised from the sale of forfeited property are paid to Consolidated Revenue.

If you are the victim of a crime and have received a Compensation Order, you may be able to claim some money from the auction of the goods seized from that crime. This is only possible if the goods were restrained for the purpose of compensation and both the Compensation Order and the Forfeiture Order for those goods were made in relation to the same offence.

[*Department of Justice Victoria Explanation]