Reforming proceeds of crime legislation: Political reality or pipedream?. (September 2019)

• Record Type: Journal Article
• Authors: Skead, Natalie; Tulich, Tamara; Murray, Sarah; Tubex, Hilde
• Is Part Of: Alternative law journal. Volume 44:Number 3(2019)
• Page Start: 176
• Page End: 181
• Publication Date: 2019-09
• Subjects: Proceeds of crime -- law reform -- confiscation legislation -- Western Australia; Law -- Australia -- Periodicals; Law -- Social aspects -- Australia -- Periodicals; Law reform -- Australia -- Periodicals; 349.94
• DOI: 10.1177/1037969X19831100
• Languages: English
• ISSNs: 1037-969X

Abstract

In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia's legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.