Application by the Commissioner of the Australian Federal Police [2018] NSWSC 1302

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2018] NSWSC 1302 Hearing dates: 22 August 2018 Date of orders: 22 August 2018 Decision date: 22 August 2018 Jurisdiction: Common Law Before: Davies J Decision: Pursuant to section 316 of the Proceeds of Crime Act 2002 (Cth), the Court makes the following orders by consent:

1. Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth) (the Act), the property specified in Schedule One be forfeited to the Commonwealth.

2. Pursuant to section 69(2) of the Act, the Commonwealth have leave to dispose of, or otherwise deal with, the forfeited property immediately.

SCHEDULE ONE

The cash amount of AUD 399,950 seized by the Australian Federal Police on 26 September 2015 (recorded on AFP Property Seizure Record M337410) together with any interest earned on that amount. Catchwords: CRIME – proceeds of crime – consent order for forfeiture of restrained property – where six month period has not elapsed – where person served with proceedings has made no application in respect of property – whether order can be made without that person's consent Legislation Cited: Proceeds of Crime Act 2002 (Cth) ss 49, 69, 316 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police Stuart Cole (Interested party) Representation: Counsel: B Walker (Plaintiff) H Woolf (Interested party)