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Edward Greaves

Edward Greaves

Perth Barrister

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A light-hearted look at civil forfeiture

13 October 2014 By Edward Greaves Leave a Comment

Last Week Tonight with John Oliver: Civil Forfeiture (HBO)

A US comedy sketch takes a look at civil forfeiture.

Some of the risks identified in the programme are present in some Australian laws. There is however less direct incentivising of Australian Police. In the US some county forces can keep up to 100% of the property they seize. That is not the case in Australia.

The presumption in favour of forfeiture is found in some Australian laws, including the Criminal Property Confiscation Act 2000 (WA). This means the onus is on the owner of the property to show the property should not be confiscated, rather than the other way around.

Filed Under: Confiscations & Proceeds of Crime Tagged With: CPCA

About Edward Greaves

Edward Greaves is recognised as an expert barrister in relation to matters under the Proceeds of Crime Act 2002 (Cth), the Criminal Property Confiscation Act 2000 (WA), and other State Confiscation and Asset Forfeiture regimes. He also specialises in AMLCTF, complex and financial crime (including fraud, money laundering and serious drug offences) and offences under the Corporations Act.

Edward Greaves is the author of the Confiscation chapter of LexisNexis’s Criminal Law Western Australia.

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Edward Greaves
Barrister

Francis Burt Chambers
Level 25, 77 St George’s Terrace Perth, Western Australia

email: ewg@egreaves.com.au
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