AD v Commissioner of the Australian Federal Police

[2018] NSWCA 89

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Proceeds of crime
3. › Forfeiture of restrained property
4. › Exclusion orders
5. › Whether exclusion order can be made after property forfeited
6. › Whether court has power to extend time after statutory period expired
7. › Proceeds of Crime Act 2002 (Cth), ss 92, 93, 94
1. Statutory Interpretation
2. › Meaning of 'conviction day'
3. › Whether date of original sentence or date of appellate resentence
4. › Proceeds of Crime Act 2002 (Cth), ss 331, 333
1. Constitutional Law (Cth)
2. › Judicial power
3. › Institutional integrity of courts
4. › Whether proceeds of crime legislation compromises court's institutional integrity
5. › Whether restraining order provisions require court to act as 'rubber stamp' for executive
6. › Proceeds of Crime Act 2002 (Cth), ss 18, 26(4), 92, 95
1. Constitutional Law (Cth)
2. › Taxation
3. › Whether forfeiture of proceeds of crime constitutes a tax
4. › Whether Proceeds of Crime Act is a law 'with respect to tax'
5. › Proceeds of Crime Act 2002 (Cth), s 338(a)(ii), (a)(iv), (g)

Quick Take

Once the statutory forfeiture period (maximum 15 months from conviction day) has expired under the Proceeds of Crime Act 2002 (Cth), there is no power to make an exclusion order or extend time, and the 'conviction day' is the date of original sentencing, not any appellate resentence.