The Proceeds of Crime Act 2002 (the Act) also known as POCA became effective on 1 January 2003. It is a Law of the Australian Parliament that empowers the Australian Federal Police (AFP) to apply to the Courts to restrain property that is suspected of being proceeds of crime. There are also other grounds on which orders restraining dealings with property can be made by the Courts. In addition to restraining dealings with property, the Law also provides a regime for property to be confiscated or rather forfeited from those suspected of having committed serious offences. The Law empowers the AFP to apply for restraint orders and to apply for forfeiture, even where a person may not have been charged with a criminal offence.
If you have received Orders restraining your property, we are able to help in explaining your options, and advising you as to your rights, to apply to revoke or vary restraining orders. It is also possible to apply to the Courts to have property restrained excluded from the orders that may have been made. If you require help in dealing with restraining orders, and Proceeds of Crime cases, it is important to obtain advice quickly, as some available avenues require steps to be taken within short time frames.
Contact us for help when you receive Proceeds of Crime Orders or become aware of any POCA proceedings against you, as there are strict time limits for taking certain steps.