Skip to main content
placeholder image

Taxation, civil forfeiture and unexplained wealth: Part 1

Journal Article


Abstract


  • The Proceeds of Crime Act 2002 (Cth) is the main instrument for tracing, restraining and confiscating

    the proceeds of federal crimes in Australia. In light of amendments to the Act in 2011 and 2012, and the

    establishment of the Joint Criminal Assets Confiscation Taskforce, it is anticipated that litigation pursuant to the

    regime will increase. Increasingly, too, the Act is being enlivened as a civil regulatory response to alleged tax

    evasion. At the same time, the Act, and especially the recent amendments, have attracted criticism. Part 1 of this

    article traces the development of the federal law of forfeiture of criminal property in Australia up to and including

    the most recent amendments to the Act. Part 2, which will be published in the April issue of this journal, will

    explore the operation of the provisions as a civil regulatory response to tax evasion.

Publication Date


  • 2013

Citation


  • M. Leighton-Daly, 'Taxation, civil forfeiture and unexplained wealth: Part 1' (2013) 47 (8) Taxation in Australia 509-512.

Number Of Pages


  • 3

Start Page


  • 509

End Page


  • 512

Volume


  • 47

Issue


  • 8

Place Of Publication


  • Australia

Abstract


  • The Proceeds of Crime Act 2002 (Cth) is the main instrument for tracing, restraining and confiscating

    the proceeds of federal crimes in Australia. In light of amendments to the Act in 2011 and 2012, and the

    establishment of the Joint Criminal Assets Confiscation Taskforce, it is anticipated that litigation pursuant to the

    regime will increase. Increasingly, too, the Act is being enlivened as a civil regulatory response to alleged tax

    evasion. At the same time, the Act, and especially the recent amendments, have attracted criticism. Part 1 of this

    article traces the development of the federal law of forfeiture of criminal property in Australia up to and including

    the most recent amendments to the Act. Part 2, which will be published in the April issue of this journal, will

    explore the operation of the provisions as a civil regulatory response to tax evasion.

Publication Date


  • 2013

Citation


  • M. Leighton-Daly, 'Taxation, civil forfeiture and unexplained wealth: Part 1' (2013) 47 (8) Taxation in Australia 509-512.

Number Of Pages


  • 3

Start Page


  • 509

End Page


  • 512

Volume


  • 47

Issue


  • 8

Place Of Publication


  • Australia