Status: new laws commenced
New laws allow the state government to strip ‘prescribed’ drug offenders of all their property, regardless of whether or not it is connected to a particular criminal offence or is a proceed of crime. A prescribed drug offender is someone who has three drug convictions over a 10 year period for a range of nominated offences, such as trafficking or manufacturing drugs.
The Bill modifies the law so that property can be excluded from the automatic forfeiture if it is not financially viable. For example, if the cost of collecting and selling an item would be higher than the value of the goods, or if it would be uneconomical to seize the property, the Crown can apply to the Director of Public Prosecution for it to be excluded.
Other items are also excluded by Regulation, such as personal items, children’s necessities and certain household items.
The Bill amends provisions introduced by the Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016.