Event and Time
Event Description
On 28 August 2018, a judge of the County Court issued a restraining order under section 18 of the Proceeds of Crime Act 2002 (Cth) affecting multiple items of property, including a bank account belonging to the applicant at St George Bank. The restraining order followed arrests related to suspected dealings in the proceeds of crime linked to the importation and sale of illegal tobacco products. The applicant sought an exclusion order or compensation under sections 94 and 94A of the same Act on 18 September 2020. This application was dismissed on 17 December 2021, and the applicant now seeks leave to appeal this decision.
Application and Claims
- Applicant: A Chinese businessperson residing in China, holding accounts in Australia.
- Respondent: Australian Federal Police (AFP).
- Claims made by applicant:
- Exclusion of her St George account from the restraining order. - Compensation under section 94A of the Act, arguing that a proportion of the fund in the account was not derived from any criminal activity.
- Evidence and rationale: The applicant's funds had been sent through the accounts in question as part of a legitimate business transaction proposed by her husband with Weng, which the AFP connected to the alleged criminal activities.
Judicial Decisions
- The County Court judge initially dismissed the application based on their interpretation of the evidence and claims regarding the nature of the deposits in question.
- The judge recognised that there were funds in the account that were not derived from criminal activity but dismissed the application for compensation and exclusion despite the acknowledgment.
Dispute Points and Legal Basis
Dispute Points
Applicant’s Position:
- Claims that a portion of the funds in the St George account was not derived from criminal activities.