Application by the Commissioner of the Australian Federal Police [2015] NSWSC 1843

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2015] NSWSC 1843 Hearing dates: 3 December 2015 Decision date: 03 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 20 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 Legislation Cited: Criminal Code Act 1995 (Cth), Sch 1, Pt 10.2, s 400.9 Proceeds of Crime Act 2002 (Cth), ss 19, 21, 38, 329, 338 Category: Principal judgment Parties: Commissioner of the Australian Federal Police Representation: Counsel: W Staples (Plaintiff)

Solicitors: File Number(s): 2015/334488

Judgment (EX TEMPORE – REVISED)

Introduction 1. By summons filed on Thursday 13 November 2015 the Commissioner of the Australian Federal Police seeks various orders under the Proceeds of Crime Act 2002 (Cth) (the Act) including a restraining order pursuant to s 19 of the Act and an order for custody and control of the property pursuant to s 38 of the Act. 2. In support of the summons the Commissioner, for whom Mr Staples appears, relies on the affidavit of Jeffrey Aaron Kokles sworn 12 November 2015. Federal Agent Kokles deposes in paragraph one of the affidavit that he is a member of the Australian Federal Police. 3. The summons and the affidavit were served on Lap Keung Ng, who is an interested person in the making of the orders. Mr Ng is presently in custody at the Kirkconnell Correctional Centre having pleaded guilty to one count of the offence of dealing with money or other property reasonably suspected of being proceeds of crime worth in excess of $100,000 against s 400.9 of the Schedule to the Criminal Code Act 1995 (Cth) (the Criminal Code). On 9 October 2015 Mr Ng was sentenced to two years' imprisonment to commence on 7 April 2015. He was ordered to serve a minimum of 12 months and to be released after serving 12 months upon entering into a recognizance to be of good behaviour for 12 months. 4. I am satisfied, on the basis of the affidavit of Erica Jayne Last sworn 2 December 2015, that Mr Ng has been served with the summons and affidavit. He has, however, neither appeared nor given any indication, as I understand it, that he wishes to appear today, as could have been arranged by audio visual link had he expressed a wish to do so.