Authorised by Academic Registrar, April 1996
Objectives At the completion of this subject students should understand (1) the laws and mechanisms providing for the confiscation of the proceeds of crime; (2) the way in which criminal assets are confiscated in Australia; and (3) how the legislature has attempted to resolve competing public and private interests. The subject will also attempt to integrate asset confiscation law with the sentencing process.
Synopsis After a brief examination of the history of various forms of confiscation students will be required to study the conceptual bases upon which property is confiscated in various jurisdictions and to understand the legislative and organisational framework under which asset confiscation is undertaken in Australia at both Federal and State levels. The subject is designed to provide students with insight into the principal issues thrown up by asset confiscation legislation such as the concepts of `property' and `benefit' which underpin the legislation, the right of accused persons to have access to their restrained property to fund the defence of the charges against them and the relationship between confiscation and sentencing. The topics covered will include introduction, theoretical models, remedies, methods of assessment, interim restraint, investigative powers, mutual assistance, structure and critique.
Assessment Two written research assignments (4000 words each): 40% each + Class presentation/participation: 20%