New laws to confiscate proceeds of crime and unexplained wealth

NSW Government

The NSW Government is powering ahead with the State’s toughest ever organised crime reforms, today introducing legislation to give police and the NSW Crime Commission new powers to confiscate unexplained wealth and the proceeds of crime.

Deputy Premier and Minister for Police Paul Toole said the NSW Government last month introduced world leading legislation targeting two key enablers of organised crime – encrypted devices and money laundering.

“Today’s Bill completes that package – and will strike organised crime groups at their financial base,” Mr Toole said.

“These reforms will give law enforcement officers the powers they need to stop criminal gangs profiting from their actions and incapacitate them financially.

“If you’re living the high life off the proceeds of crime and getting around in flash cars, expect police to come knocking with new powers under warrant to seize your most prized possessions.”

The full package of organised crime reforms includes:

  • New powers to confiscate unlawfully acquired assets of major convicted drug traffickers
  • Enhanced powers to target and confiscate unexplained wealth
  • Expanded powers to stop and search for unexplained wealth and more effectively investigate organised crime
  • New money laundering offences for those dealing with and caught trying to disguise the proceeds of general crime
  • A new offence that prohibits the possession of a dedicated encrypted criminal communication device (DECCD) – and orders to target high risk individuals likely to use them
  • New powers to enable police to direct a person to provide access to a digital device, which is akin to gaining the keys to a safe

NSW Police Commissioner Karen Webb said this new legislation will support law enforcement in their crackdown of organised criminal networks.

“We welcome these reforms and the significant powers they will give police and the Crime Commission in our fight against organised crime and in the name of keeping our community safe,” Commissioner Webb said.

“Having the ability to confiscate unexplained wealth will strengthen our ability to severely hinder the lifestyle of organised criminal networks and ultimately allow us to get to the lifeblood of organised crime – money.

“We are committed to using every power available to us to infiltrate and disrupt these networks and put those suspected of serious crimes before the courts.”

/Public Release. View in full here.