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Call for Written Submissions - Review of the Criminal Property Confiscation Act 2000 (WA)

The Attorney General for Western Australia, the Hon John Quigley MLA, has appointed the Honourable Wayne Martin AC QC to conduct a review of the operation and effectiveness of the Criminal Property Confiscation Act 2000 (WA) (the Act).

The Act provides for the confiscation in certain circumstances of property acquired as a result of criminal activity and property used for criminal activity.

The review will consider whether the provisions of the Act contain adequate safeguards so as to avoid undue hardship, unfairness or injustice to respondents and third parties.

It will also evaluate the effectiveness of the investigatory powers contained in the Act, and whether the Act sufficiently provides for the varied circumstances that may arise in the conduct and resolution of confiscation proceedings.

The review will also seek to identify any unintended consequences or anomalies in the drafting and operation of the Act, and evaluate the impact of the 2011 amendment to the Misuse of Drugs Act 1981 (WA) altering the number of cannabis plants required to trigger a drug trafficker declaration under section 32A.

Written submissions are invited from interested individuals and organisations by 30 November 2018.

There is no required format for submissions. Written submissions should be sent via:

Email (preferred method): confiscationactreview@justice.wa.gov.au

Post: Criminal Property Confiscation Act Reviewer
Department of Justice
GPO Box F317
PERTH WA 6841


Issues Paper

The reviewer has identified some specific issues arising from the terms of reference. Those issues are outlined in the Issues Paper available at the following link. Parties lodging written submissions may wish to address the specific issues directly, but are of course otherwise free to address any other matters arising from the terms of reference.

Download the Issues Paper (Word 113 KB)


Terms of Reference

Review of the Criminal Property Confiscation Act 2000 (WA)

I hereby request that the Honourable Wayne Martin AC QC conduct a review of the following matters (including by reference to the terms and operation of criminal confiscation legislation in other relevant jurisdictions):

  • Whether the provisions of the Criminal Property Confiscation Act 2000 (WA) (the Act) contain adequate safeguards so as to avoid undue hardship, unfairness or injustice to respondents and third parties (some of whom might be considered to be faultless) such as the spouses, de facto partners, and dependents of respondents, and other co-owners and mortgagees of confiscable property;
  • The effectiveness of the investigatory powers contained in Part 5 of the Act;
  • Whether the provisions in Parts 4, 6 and 7 of the Act are sufficient to deal fairly, justly and efficiently with the varied circumstances that may arise in the conduct and resolution of confiscation proceedings;
  • Whether any amendments to the Act are necessary or desirable, including in order to address any identified instances of poor drafting, unintended consequences, or anomalies in the drafting and operation of the Act; and
  • The impact of the amendment, effective from 15 April 2011, to Schedule VIII of the Misuse of Drugs Act 1981, altering the number of cannabis plants required to trigger a drug trafficker declaration under s 32A of the Misuse of Drugs Act 1981 from 250 to 20, on the operation of the Act.

When making recommendations, the Reviewer is to have regard not only to the objects of the Act but also the potential effect any amendment(s) may have on the current resources of the Office of the Director of Public Prosecutions, respondents and third parties to proceedings under the Act and the Courts.

The Review is to involve a public call for submissions and, where desirable, consultation with relevant stakeholders, including the Office of the Director of Public Prosecutions, the Law Society of Western Australia, the Western Australian Bar Association and the Criminal Lawyers' Association (WA).

The Review is to provide its report by 1 February 2019.

Hon. John Quigley MLA
ATTORNEY GENERAL


Last updated: 8-Nov-2018

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