Application by the Commissioner of the Australian Federal Police [2015] NSWSC 1817

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2015] NSWSC 1817 Hearing dates: 1 December 2015 Decision date: 01 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 28 Catchwords: CRIMINAL LAW – proceeds of crime – application for restraining order – reasonable grounds for suspicion that funds are proceeds of indictable offence - custody and control orders – examination orders – orders for sworn statements Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), s 53 Criminal Code Act (Cth), Sch 1, Pt 10.2, s 400.9 Proceeds of Crime Act 2002 (Cth), ss 19, 21, 38, 39, 49, 180, 332, 338 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff) Representation: Counsel: J Millington (solicitor) (Plaintiff) J Xu (solicitor) (Interested parties, Weili Cui and Shushan Li)

Solicitors: HW Legal (Interested parties, Weili Cui and Shushan Li) File Number(s): 2015/288541

Judgment (EX TEMPORE – REVISED)

Introduction 1. By summons filed on 2 October 2015, the Commissioner of the Australian Federal Police (the Commissioner) seeks various orders under the Proceeds of Crime Act 2002 (Cth) (the Act), including a restraining order pursuant to s 19; an order for custody and control pursuant to s 38; orders for examination under s 80; and an ancillary order pursuant to s 39(1) that sworn statements be provided. 2. In support of the summons, the Commissioner, for whom Ms Millington appears, relies on the affidavit of Darren Burtenshaw sworn 1 October 2015. Federal Agent Burtenshaw deposes in paragraph one of his affidavit that he is a member of the Australian Federal Police (AFP). 3. Two of the persons interested in these orders, Weili Cui and Shushan Li, appeared at today's hearing by their solicitor, Ms Xu. They did not oppose the orders sought but foreshadowed an application for an exclusion order, which is addressed further below.