It is important to be aware that your property can be restrained
and forfeited under the State Confiscation Act even when no one is
charged with a criminal offence. This occurs through Civil
Forfeiture Orders which may result in the permanent loss of your
property or somebody else's.
What are Civil Forfeiture Restraining Orders and Civil
Forfeiture Orders?
Civil Forfeiture Orders are a type of order used to confiscate
property when charges are not laid. Rather, the orders are applied
for based on suspected offence(s) of the kind listed in
Schedule 2 of the Confiscation Act.
A Civil Forfeiture Restraining Order is the first step in the
state applying to take your property pursuant to the civil
forfeiture scheme. A Civil Forfeiture Restraining Order is intended
to preserve the property for potential forfeiture. Orders can
sometimes make provision for reasonable expenses but will otherwise
restrain you from dealing with your property in any way. Once made,
a Civil
