❓ Dr. Walker questions the Attorney General regarding the DPP's discretion in issuing drug trafficker declarations under the Misuse of Drugs Act and Criminal Property Confiscation Act. The Attorney General confirms the DPP has such discretion under section 32A(2) of the Misuse of Drugs Act 1981.
AnsweredQoN 160Legislative Assembly
QuestionView source ↗
Criminal Property Confiscation Act160.Hon Dr Brian Walkerto theparliamentary secretary representing the Attorney General:I refer the Attorney
General to the response he provided to my question without notice asked on
Tuesday 8 April 2025 in regard to criminal property confiscation, and in the
hope of further clarity I ask the following.(1) Does the Director of Public Prosecutions have
discretion under theMisuse of Drugs Act 1981and/or theCriminal Property Confiscation Act 2000to request that a drug trafficker declaration not be handed down in cases when
one or other of the thresholds for a declaration has been met or exceeded?(2) If yes to (1), can the Attorney General please
cite the relevant legislative authority?(3) If no to (1), can he similarly cite the
authority upon which his answer relies?
General to the response he provided to my question without notice asked on
Tuesday 8 April 2025 in regard to criminal property confiscation, and in the
hope of further clarity I ask the following.(1) Does the Director of Public Prosecutions have
discretion under theMisuse of Drugs Act 1981and/or theCriminal Property Confiscation Act 2000to request that a drug trafficker declaration not be handed down in cases when
one or other of the thresholds for a declaration has been met or exceeded?(2) If yes to (1), can the Attorney General please
cite the relevant legislative authority?(3) If no to (1), can he similarly cite the
authority upon which his answer relies?
AnswerView source ↗
Answered
20 May 2025
Response time
0 days
Hon Dan Caddy replied:I
thank the honourable member for some notice of the question. The following answer
was provided to me by the Attorney General.(1) Yes.(2) It is section 32A(2) of theMisuse of Drugs Act 1981.(3) Not applicable.
Criminal Property Confiscation Act
thank the honourable member for some notice of the question. The following answer
was provided to me by the Attorney General.(1) Yes.(2) It is section 32A(2) of theMisuse of Drugs Act 1981.(3) Not applicable.
Criminal Property Confiscation Act
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