WA has the most harsh confiscation laws in the country. Often considered to be the most draconian of all laws. The confiscation of assets is governed by the Criminal Property Confiscation Act 2000. Assets can be confiscated if you are declared a drug trafficker; you have unexplained wealth or you use property in the commission of a crime – for example, using your property to cultivate substantial amounts of a prohibited drug. The quantity of the different types of offences with drugs which may give rise to having your assets confiscated are outlined in the Misuse of Drugs Act 1981.
If you are charged with any such offences that may give rise to having assets confiscated and you are issued with a freezing notice by the WA Police, it is very important that you seek immediate legal advice as there are strict time limits with respect to lodging an objection to a freezing notice whilst waiting to have the charges against you heard in court.
Failure to lodge an objection to a freezing notice may result in your assets being automatically confiscated, even if you are successful in having charges against you dropped or you are found not guilty of the charge that gave rise to the freezing notice in the first instance and regardless of how they were obtained.
Let my experience in working at the Office of the Director of Public Prosecutions (ODPP) in Confiscations assist you in your matter.
