Dickson v Commissioner of the Australian Federal Police

[2023] NSWCA 10

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Originating process
3. › Whether originating summons may constitute both application and written notice under statute
4. › Proceeds of Crime Act 2002 (Cth), ss 134, 136
1. Criminal Law
2. › Proceeds of crime
3. › Pecuniary penalty orders
4. › Determination of penalty amount
5. › Whether court may value taxation benefits resulting from commission of offences
6. › Whether constitutional invalidity
7. › Proceeds of Crime Act 2002 (Cth), s 121
1. Appeal
2. › Leave to appeal
3. › Whether arguable grounds established
4. › Application dismissed

Quick Take

An originating summons can serve as both the application and written notice under ss 134 and 136 of the Proceeds of Crime Act 2002 (Cth), and there is no constitutional impediment to a court valuing tax benefits for the purpose of determining a pecuniary penalty.