The Commissioner for Australian Federal Police v Omar [2020] NSWSC 1944

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner for Australian Federal Police v Omar [2020] NSWSC 1944 Hearing dates: 8 October 2020 Date of orders: 8 October 2020 Decision date: 08 October 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: Restraining orders made – see [19] for terms of orders Catchwords: Proceeds of Crime – restraining orders – no question of principle Legislation Cited: Crimes Act 1914 Criminal Code Act 1995 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Category: Procedural rulings Parties: The Commissioner of Australian Federal Police (Plaintiff) Ibrahim Omar (First Defendant) Mohammad Omar (Second Defendant) Surpass Australia Pty Ltd (Third Defendant) Interactive Workforce Solutions Pty Ltd (Fourth Defendant) Teach Australia Group Pty Ltd (Fifth Defendant) Panacea Enterprises Pty Ltd (Sixth Defendant) Representation: Counsel: G O'Mahoney; K Petch (Plaintiff) No Appearance (Defendants)

Solicitors: Australian Federal Police (Plaintiff) No Appearance (Defendants) File Number(s): 2016/236275

EX TEMPORE Judgment 1. This is an application for restraining orders under ss 18 and 19 of the Proceeds of Crime Act 2002 (Cth) (the "Act") in respect of property that was seized pursuant to the execution of a search warrant on 9 August 2016. On that day, Australian Federal Police officers executed a search warrant issued under s 3E of the Crimes Act 1914 at 27 Garrong Road, Lakemba, in New South Wales. The registered proprietors of that property are the second defendant, Mohammad Omar, and his father, Samir Omar. 2. At the time of the execution of the search warrant, the property the subject of this application was seized. In particular, located in one bedroom, described as "bedroom 1", was cash in the amount of AU$39,310. Located in another bedroom, described as "bedroom 2", was cash in the amount of AU$14,000. Located in what was described as "bedroom 3" were two separate cash amounts, one being AU$32,800 and the other being US$3534. There was also located and seized during the search an expensive "Breitling" brand men's wrist watch. 3. Section 18(1) of the Act obliges a court with proceeds jurisdiction, which includes this court, to make a restraining order if: firstly, a proceeds of crime authority applies for the order; secondly, there are reasonable grounds to suspect that a person has committed a serious offence; thirdly, the affidavit requirements that I will shortly outline have been met; and fourthly, the court is satisfied that the authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds.