Proceeds of Crime Act 1987

3. Automatic Forfeiture for Serious Offences — If you're convicted of a "serious offence" (major drug crimes, money laundering), all property that was frozen ("restrained") before your trial can be automatically forfeited to the government 6 months after conviction — without a separate court order.

4. Restraining Orders — Before conviction, police/prosecutors can freeze your assets so you can't hide or sell them while a case is underway.

Key Things to Know

• "Convicted" is defined broadly. You don't need a jury verdict. If you're found guilty but not formally convicted, if a court counts an offence when sentencing you for something else, or if you run away after being charged — all of these count as "conviction" under this law.
• The burden shifts to YOU for serious offences. For major drug crimes, the law presumes that all your property gained in the 5 years before an application was obtained through crime. You have to prove it wasn't.
• Innocent third parties have some protection. If you genuinely bought tainted property without knowing it was crime-linked, and paid a fair price, you can apply to get it back or be compensated.
• This applies internationally. Australian courts can enforce foreign countries' confiscation orders here, and vice versa.
• The government shares the spoils. Recovered assets go into a special account ("Confiscated Assets Special Account") and can be shared with state governments or foreign countries that helped with investigations.

Bottom Line

If you commit a serious crime — especially drugs or fraud — the government doesn't just want to jail you. It wants everything you gained from that crime, and possibly everything you own. Even running away won't protect your assets.