Application by the Commissioner of the Australian Federal Police [2023] NSWSC 33

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2023] NSWSC 33 Hearing dates: 2 February 2023 Date of orders: 2 February 2023 Decision date: 02 February 2023 Jurisdiction: Common Law Before: Davies J Decision: Pursuant to s 316 of the Proceeds of Crime Act 2002 (Cth), the court orders that: Forfeiture orders 1. Pursuant to s 49 of the Act, the property listed in Schedule 6 be forfeited to the Commonwealth. 2. Pursuant to s 49 of the Act, the property listed in Schedule 7 be forfeited to the Commonwealth. Leave to deal with forfeited property 3. Pursuant to s 69(2) of the Act, the Commonwealth be given leave to deal immediately with forfeited property. Other orders 4. These orders be entered forthwith. 5. The proceedings are otherwise dismissed. Schedule 6 1. The sum of AUD6,850 cash seized by members of the AFP on 25 August 2021 during the execution of a search warrant at 18 Peterlee Road, Canley Heights, NSW 2166, (recorded on AFP PSR 3635973/007), together with any interest earned on that amount. 2. The right to the credit to funds once remitted by the RBA in relation to $150 seized by the AFP on 25 August 2021 during the execution of a search warrant at 18 Peterlee Road, Canley Heights, NSW 2166, (recorded on AFP PSR 3635973/001), and forensically tested by the AFP before being sent to the RBA for remittance via a claim made on 9 December 2021, together with any interest earned on that amount once banked. Schedule 7 1. The sum of AUD14,050 cash seized by members of the AFP on 25 August 2021 during the execution of a search warrant at 18 Peterlee Road, Canley Heights, NSW 2166, (recorded on AFP PSR 3635973/005) together with any interest earned on that amount. 2. The right to the credit to funds once remitted by the RBA in relation to $100 seized by the AFP on 25 August 2021 during the execution of a search warrant at 18 Peterlee Road, Canley Heights, NSW 2166, and forensically tested by the AFP before being sent to the RBA for remittance via a claim on 9 December 2021, together with any interest earned on that amount once banked. Catchwords: CRIMINAL LAW – proceeds of crime – forfeiture orders Legislation Cited: Proceeds Of Crime Act 2002 (Cth) Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Representation: Counsel: M Beamish (Plaintiff) Z Zreika (Five Interested parties)