Confiscation of the proceeds of crime 700
Not offered in 1995
One 2-hour seminar weekly over 13 weeks
The aim of this course is to provide students with a broad understanding of the laws providing for the confiscation of the proceeds of crime with particular emphasis upon Commonwealth and Victorian legislation. The course will examine the theoretical models which form the basis for confiscation laws both in Australia and overseas jurisdictions. Specific examples of different types of asset confiscation legislation will then be reviewed in some detail concentrating particularly upon remedies; methods of assessment; interim restraint of property and investigative powers. Attention will be given to the structures which have been created by law enforcement agencies to enforce confiscation legislation. Special attention will be given to current issues in confiscation law which include access to restrained property for the purpose of paying legal fees, and the relationship between confiscation and sentencing.
Assessment:
Class presentation : 20% * Case study (4000 words): 40% * Research paper or take-home exam (4000 words): 40%