Legislation at both Federal and State level allows police and other authorised officers to search for and confiscate assets obtained through illegal activity. The confiscation process enables proceeds of a crime, or property that has been used to commit a crime, to be seized and forfeited to the state. Examples of property that may be the subject of confiscation would include a motor vehicle used in a robbery, proceeds from drug trafficking, or the premises where an assault or homicide took place. Confiscation laws clearly aim to prevent offenders from profiting financially from illegal activity.

In Victoria, the Crimes (Confiscation of Profits) Act 1986 and the Confiscation Act 1997 outline powers and procedures for the confiscation of assets. The Asset Confiscation Office of the Department of Justice is responsible for the administration of powers under these Acts. There are various orders that can be sought in relation to property and, in some instances, orders can be made in relation to an offender’s assets before he has been convicted of an offence. The Confiscation Act enables officers to obtain forfeiture orders in relation to property, as well as obtain freezing orders and restraining orders to prevent a person dealing with the property before it is confiscated. Breaches of restraining orders incur harsh penalties, both imprisonment (up to 10 years) and fines (up to $12,000), under the legislation. The legislation also gives officers powers to gather information and obtain search warrants in relation to potential property to be seized.

If property cannot be recovered, an offender may be required to pay back the value of the proceeds of crime through the operation of a pecuniary penalty order under the legislation.

If you have been the victim of crime and have obtained a compensation order, you may be eligible to receive compensation from the proceeds of forfeited assets where your compensation order and the forfeiture order relate to the same criminal offence.

The Asset Confiscation Office is located at Level 6, 436 Lonsdale Street Melbourne (tel (03) 9603 9101) and information can be obtained from its website: www.justice.vic.gov.au/assets. If you have any concerns about your rights in an area of criminal law, or your entitlements as a victim of crime, contact your solicitor.