❓ Dr. Walker questions the Attorney General regarding the use of the Criminal Property Confiscation Act 2000, specifically concerning crime-used property provisions. The response provides a breakdown of confiscated property, distinguishing between property frozen on multiple grounds and that confiscated solely on a crime-used basis.
AnsweredQoN 510Legislative Council
Asked
14 June 2022
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
CRIMINAL PROPERTY CONFISCATION ACT
510. Hon Dr BRIAN WALKER to the parliamentary secretary
representing the Attorney General:
I
refer the Attorney General to the Criminal Property Confiscation Act 2000, and
specifically to the provisions within it that allow the state to
confiscate crime-used property.
(1) How many
times have these crime-used property provisions been utilised by the courts
since Hon Wayne Martin, QC, handed down his report on the act in May 2019?
(2) Is the
Attorney General able to provide a breakdown of the broad types of property
confiscated by the state in this manner during that period and the average
value of confiscations; and, if not, why not?
510. Hon Dr BRIAN WALKER to the parliamentary secretary
representing the Attorney General:
I
refer the Attorney General to the Criminal Property Confiscation Act 2000, and
specifically to the provisions within it that allow the state to
confiscate crime-used property.
(1) How many
times have these crime-used property provisions been utilised by the courts
since Hon Wayne Martin, QC, handed down his report on the act in May 2019?
(2) Is the
Attorney General able to provide a breakdown of the broad types of property
confiscated by the state in this manner during that period and the average
value of confiscations; and, if not, why not?
AnswerView source ↗
I thank the member for some notice
of the question. I provide the following answer based on information provided
to me by the Attorney General.
(1) Property is often frozen on multiple grounds, not
solely on a crime-used basis, and freezing notices are often issued on
drug trafficker, crime-used and crime-derived grounds. When property is
ultimately confiscated under section 7 of the Criminal Property Confiscation
Act 2000, there is no determination of whether the property is confiscated
under crime-used or crime-derived grounds.
The answer to (2) is largely in
tabular form, so I seek leave for the answer to be incorporated into Hansard .
[Leave granted for the following
material to be incorporated.]
(2) The
crime-used provisions of the Criminal Property Confiscation Act 2000 (CPCA)
have been utilised with respect to the following items of property:
Types of Property Confiscated
Number of Items/Property Confiscated
Average Value of Property Confiscated
Total Value of Property Confiscated
Cash
925
$36,762.44
$34,005,253.02
Jewellery
4
$5,283.24
$21,132.94
Vehicles
9
$29,182.59
$262,643.20
Accounts
7
$24,215.80
$169,510.59
Land
1
$56,018.07
$56,018.07
Other
1
$8,202.80
$8,202.80
The
above refers to individual items confiscated rather than to applications for
declarations of confiscation made which include numerous items sought to be confiscated. It includes property recovered
under section 7 of the CPCA and frozen on multiple grounds and one of
those grounds is crime-used.
Of that property, the
following was confiscated solely on a crime-used basis:
Types of Property Confiscated
Number of Items/Property Confiscated
Value of Property Confiscated
Cash
2
$4,245.00
Vehicles
6
$127,050.00
Accounts
3
$142,702.08
Land
1
$56,018.07
Other
1
$8,202.80
of the question. I provide the following answer based on information provided
to me by the Attorney General.
(1) Property is often frozen on multiple grounds, not
solely on a crime-used basis, and freezing notices are often issued on
drug trafficker, crime-used and crime-derived grounds. When property is
ultimately confiscated under section 7 of the Criminal Property Confiscation
Act 2000, there is no determination of whether the property is confiscated
under crime-used or crime-derived grounds.
The answer to (2) is largely in
tabular form, so I seek leave for the answer to be incorporated into Hansard .
[Leave granted for the following
material to be incorporated.]
(2) The
crime-used provisions of the Criminal Property Confiscation Act 2000 (CPCA)
have been utilised with respect to the following items of property:
Types of Property Confiscated
Number of Items/Property Confiscated
Average Value of Property Confiscated
Total Value of Property Confiscated
Cash
925
$36,762.44
$34,005,253.02
Jewellery
4
$5,283.24
$21,132.94
Vehicles
9
$29,182.59
$262,643.20
Accounts
7
$24,215.80
$169,510.59
Land
1
$56,018.07
$56,018.07
Other
1
$8,202.80
$8,202.80
The
above refers to individual items confiscated rather than to applications for
declarations of confiscation made which include numerous items sought to be confiscated. It includes property recovered
under section 7 of the CPCA and frozen on multiple grounds and one of
those grounds is crime-used.
Of that property, the
following was confiscated solely on a crime-used basis:
Types of Property Confiscated
Number of Items/Property Confiscated
Value of Property Confiscated
Cash
2
$4,245.00
Vehicles
6
$127,050.00
Accounts
3
$142,702.08
Land
1
$56,018.07
Other
1
$8,202.80
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