Pocketing the Proceeds of Crime: A Case for Reform of Criminal Property Confiscation Legislation in New South Wales, Queensland and Western Australia

This article reports on an 18-month study undertaken in three Australian jurisdictions — Western Australia, New South Wales and Queensland — into the attitudes to and impact of legislation confiscating the proceeds of crime. Forty interviews were conducted with a range of legal and government stakeholders and members of the public directly or indirectly involved in or affected by the operation of confiscation legislation. The study produced a suite of best practice recommendations for the reform of Australian proceeds of crime legislation, with a view to ensuring just, valid and effective statutory schemes that achieve their legitimate objectives.