Hon Giz Watson requests detailed information on confiscation actions under the Criminal Property Confiscation Act 2000. The Attorney General states that providing the information would require significant resources and time. The government is considering amendments to the Act, but no date has been finalised.

AnsweredQoN 5121Legislative Council
Asked
6 March 2012
Portfolio
Attorney General

QuestionView source ↗

(1) For each confiscation action under the
Criminal Property Confiscation Act 2000
instituted or continued by the Office of the Director of Public Prosecutions (ODPP) since 1 January 2009, will the Attorney General please provide full details regarding -
(a) the nature of the confiscation offence;
(b) the sentence imposed on the offender for the confiscation offence;
(c) the ODPP assessment regarding each factor considered in deciding whether to institute or continue the confiscation action;
(d) whether the property that was the subject of the confiscation action was subject to a mortgage with an innocent third party;
(e) the extent of any legal or equitable interest held by a third party in the property that was the subject of the confiscation action; and
(f) whether the property that was the subject of the confiscation action was substituted property?
(2) When will the Attorney General introduce a Bill that amends the anomaly he identified in his speech in the other place on 8 September 2011 when responding to a grievance brought by the Member for Southern River?

AnswerView source ↗

Answered
1 May 2012
Responded by
Parliamentary Secretary representing the Attorney General
Response time
56 days
(1a-e) The information requested in points (a) to (e) inclusive is not readily available and would require the allocation of significant resources and time to conduct a full review of individual files. Given the broad parameter of "actions instituted or continued" the number of files is in excess of 500 and could be as high as 900.
(1)(f) [see tabled paper no].
(2) The Government is considering amendments to the
Criminal Property Confiscation Act 2000
(WA). No date for the introduction of any amendments has been finalised.
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