Application by the Commissioner of the Australian Federal Police [2017] NSWSC 588

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2017] NSWSC 588 Hearing dates: 9 May 2017 Date of orders: 09 May 2017 Decision date: 09 May 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth) (Act), the property specified in the Schedule is forfeited to the Commonwealth. (2) Pursuant to section 69(2) of the Act, the Commonwealth is granted leave to deal with any forfeited property immediately. (3) These orders may be entered forthwith. (4) The proceedings are otherwise dismissed. Catchwords: PROCEEDS OF CRIME – forfeiture order – no question of principle Legislation Cited: Copyright Act 1968 (Cth) Crimes Act 1914 (Cth) Proceeds of Crime Act 2002 (Cth) Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Applicant) Representation: Counsel: D Tynan (Applicant)

Solicitors: Australian Federal Police File Number(s): 2014/247281

EX TEMPORE Judgment 1. HIS HONOUR: This is an application by the Commissioner of the Australian Federal Police (the "Commissioner") under s 49 of the Proceeds of Crime Act 2002 (Cth) ("POCA") for the forfeiture of an amount standing in a particular bank account. In the circumstances that I will describe, the application proceeded without any contradictor. 2. Before addressing whether the criteria for the making of an order under s 49 are established, it is necessary to describe the factual background and the history of the proceedings.