Civil Forfeiture of Criminal Property

Civil Forfeiture of Criminal Property

Legal Measures for Targeting the Proceeds of Crime

Edited by Simon N.M. Young

In this book, which is the first of its kind, leading experts examine the civil and criminal forfeiture systems in Australia, Canada, China, Ireland, South Africa, the United Kingdom and the United States. In the fight against organized crime and international money laundering, there is a global trend for countries to enact forfeiture and confiscation laws that are applied through the civil process rather than the traditional criminal justice system. The authors gathered here analyze the appeal these civil forfeiture laws have for governments for their potential to disrupt criminal organizations and for their quantifiable benefits to the state. But without the usual safeguards of the criminal process, civil forfeiture laws are controversial, attracting constitutional challenges, particularly on human rights grounds.

Legislation

Edited by Simon N.M. Young

Subjects: economics and finance, economic crime and corruption, law - academic, corruption and economic crime, criminal law and justice, finance and banking law, human rights, politics and public policy, human rights

Extract

Australia Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) 129, 145 Australian Capital Territory’s Confiscation of Criminal Assets Act 2003 152 Australian Crime Commission Act 2002 134, 143, 144, 145 Confiscation Act 1997 (Vic), s.20(7) 127, 153, 154 Confiscation of Criminal Proceeds Act 2003 (ACT) 125 Confiscation of Proceeds of Crime Act 1989 (NSW) 127–8, 153 Corporations Act 146–7 Crime (Confiscation of Profits) Act 1993 (Tas) 125, 150 Crimes Act 1914 (Cth), s.4G 128, 147 Criminal Assets Confiscation Act 2005 (SA), s.48 125, 150, 154 Criminal Assets Recovery Act 1990 (NSW), s.6(2); s.9A; s.27A 125, 127–8, 140, 153, 208 Criminal Proceeds Confiscation Act 2002 (Qld) 125, 127, 136, 150, 154–5 Criminal Property Confiscation Act 2000 (WA), s.8; s.34; s.43(1)(b); s.144; s.145; s.146; s.148; s.159 125, 127, 135, 141, 150, 154–5, 179 Criminal Property Forfeiture Act 2002 (NT), s.39; s.71; s.81; s.143 125, 155–6 Customs Act 1901 (Cth) ss. 205D(2), 205D(3)(c) 126, 135, 148 Drug Trafficking (Civil Proceedings) Act 1990 127 Evidence Act 1977 135 Excise Act 1901 (Cth) 135 Financial Transactions Reports Act 1988 (Cth) 129, 145 Financial Transactions (Reports) Act 1989 139 Fisheries Management Act 1991 (Cth), s.106A 126, 148 International War Criminal Tribunals Act 1995 (Cth) 146 Proceeds of Crime Act 1987 (Cth) 19, 126, 127, 131, 139, 141, 148, 153 Proceeds of Crime Act 2002 (Cth) s.5; s.14; s.17(1); s.17(4), s.17(5); s.18(1); s.18(5); s.19(1); s.19(5); s.21; s.26...