Federal proceeds of crime law / by Jordan English, Sam Hickey, Simon Bronitt.

Pyrmont, N.S.W. : Lawbook Co., 2024.

1st edition

201621

Australia. -- Proceeds of Crime Act 2002.

Australia. -- Proceeds of Crime Act 1987.

Forfeiture -- Australia.

Searches and seizures -- Australia.

Restraining orders -- Australia.

Criminal law -- Australia.

Part 1: Introduction

1. Federal proceeds of crime laws in context

2. The Proceeds of Crime Act

Part 2: Fundamental concepts

3. Key definitions

4. Proceeds of instruments of crime

5. Effective control

Part 3: The confiscation regime

6. Freezing orders

7. Restraining orders

8. Forfeiture orders

9. Automatic forfeiture

10. Pecuniary penalty orders

11. Literary proceeds orders

12. Unexplained wealth orders

13. Information-gathering powers

Part 4: Conclusion

14. Conclusion.

This book provides comprehensive guidance and critical commentary on the regime governing the freezing, restraint, and confiscation of the proceeds of crime under the Proceeds of Crime Act 2002 (Cth). The statutory framework and ever-expanding caselaw on the POCA is complex and demands a firm grasp of criminal, private, and public law concepts. Through its systematic exposition of statutory provisions and caselaw, the book provides a doctrinal platform on which the aims and impacts of the POCA are then assessed. Readers are encouraged to engage with the broader academic debates, and to reflect on whether the POCA has drawn the correct balance between preventing crime and depriving individuals of the proceeds and benefits of criminal activity and respecting civil liberties such as the right to property and the right to a fair trial. The book will be a valuable resource for lawyers, judges, and law enforcement officials dealing with proceeds of crime matters. It also contains a wealth of material for those undertaking research or teaching specialised electives in federal criminal law. - Publisher's website.

Includes bibliographical references and index.

9780455242897

xlvii, 483 pages ; 25 cm