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ARTICLE · 12 FEBRUARY 2020

Time to overhaul unfair criminal confiscation laws nationally

Opinion piece about criminal confiscation laws in Australia.

AustraliaCriminal Law

Criminal confiscation laws allow government to seize wealth derived – or suspected to be obtained – from criminal activities. In place in all Australian jurisdictions, these types of laws are often said to be draconian in their application, with none more so than those that apply in Western Australia.

But, that all might be about to change soon, as the WA government tabled a report on 4 December that recommends a complete overhaul of the state's notorious criminal property confiscation laws, with attorney general John Quigley outlining its recommendations.

Announced in September 2018, the review of the laws was carried out by former WA Chief Justice Wayne Martin. And the ex-top judge asserts that the relevant legislation should be repealed, and new laws be drafted.

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