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Confiscations and Proceeds of Crime in Queensland
If you’ve had assets frozen or are facing a forfeiture application, it’s important to understand that Queensland and Commonwealth governments have broad powers to seize property suspected to be linked to criminal activity. These powers arise under:
These laws allow the government to target assets before any person is convicted—or even charged—with an offence.
What the Law Allows: Restraint and Forfeiture of Assets
Under these Acts, authorities may apply to restrain (freeze) or forfeit property or money they believe are the proceeds of crime. This includes:
- Real estate
- Vehicles
- Bank accounts
- Cryptocurrency
- Business assets
Applications can be made on the basis of suspicion alone. No criminal conviction is required for a confiscation order to be granted.
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No Presumption of Innocence: You Must Prove Your Case
Unlike traditional criminal matters, confiscation proceedings reverse the burden of proof. The person whose assets are targeted must prove, on the balance of probabilities, that their property is not tainted.
Even if the government cannot prove the asset is linked to crime, that won’t stop the forfeiture. You must actively show an innocent explanation for how the asset was obtained.
Early Freezing of Assets Creates Serious Hardship
Restraint orders often take effect before any hearing, leaving people unable to:
- Pay for legal representation
- Access business or personal funds
- Support their families or meet financial obligations
This can make defending the application particularly difficult and cause significant and immediate financial strain.
The System Is Harsh—But You’re Not Alone
Confiscation laws are widely regarded as unfair and punitive, particularly where no criminal charge has been laid. These matters require urgent and strategic legal representation to challenge the government’s claims and protect your property.
At Jones + Associates, we have extensive experience dealing with complex confiscation proceedings at both state and federal levels.
Get Us in Your Corner
If you or someone close to you has been served with confiscation or proceeds of crime documents, don’t delay. These matters move quickly, and your ability to defend your property can diminish over time.
Call Jones + Associates today on (07) 3229 3166 for immediate, confidential legal advice. We’re ready to fight for your rights and your assets.
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