[2020] NSWSC 327

Commissioner of the Australian Federal Police v Qi

(1) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule One of these orders be forfeited to the Commonwealth. (2) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Two of these orders be forfeited to the Commonwealth. (3) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Three of these orders be forfeited to the Commonwealth. (4) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Four of these orders be forfeited to the Commonwealth. (5) Pursuant to section 69(2) of the Proceeds of Crime Act 2002 (Cth), leave is granted to the Official Trustee on behalf of the Commonwealth to deal with the forfeited property in the Schedule immediately. (6) Matter be listed for directions hearing before the Common Law Registrar on 4 September 2020. (7) Liberty to restore on 3 days’ written notice.

Catchwords

CRIME – proceeds of crime – forfeiture orders

Legislation cited

Proceeds of Crime Act 2002 (Cth)

Judgment

[1]
HIS HONOUR: On 26 September 2019, Fagan J made restraining orders in respect of each of the following items of property:
1. (1)
  $130,062.13 held by the Commonwealth Bank, the property of Qi Group Holdings Pty Ltd (schedule 1)
2. (2)
  2017 Land Rover Discovery motor vehicle registered to Gina Qi, the wife of the first defendant (schedule 2)
3. (3)
  2016 Range Rover motor vehicle registered to Tenjay Pty Ltd (schedule 3)
4. (4)
  2014 Land Rover Discovery motor vehicle registered to GRQ Investment Holdings Pty Ltd (schedule 4)
5. (5)
  Trailerable fishing boat and trailer, the boat being registered to Sami Teffaha (schedule 5)
6. (6)
  Seven watches seized from the first defendant’s residence at the time of his arrest (schedule 6)
7. (7)
  $20,000 in cash also seized from the first defendant’s residence at the time of his arrest (schedule 7)
[2]
The plaintiff now seeks forfeiture orders pursuant to s 49 of the Proceeds of Crime Act 2002 with respect to the same property. Pursuant to that section, a court with proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if the matters in paragraphs (a) to (e) inclusive are satisfied.
[3]
Section 49(1) of the Act is in the following terms:
[4]
Having regard to the material before me, I am satisfied that a restraining order under s 19 of the Act has been made with respect to the property and that it has been in force for at least 6 months. I am also satisfied that the property is the proceeds of an indictable offence or indictable offences. I am also satisfied that the plaintiff has taken reasonable steps to identify and notify all persons with an interest in the property.
[5]
In the circumstances I make the following orders:
1. (1)
  Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule One of these orders be forfeited to the Commonwealth.
2. (2)
  Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Two of these orders be forfeited to the Commonwealth.
3. (3)
  Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Three of these orders be forfeited to the Commonwealth.
4. (4)
  Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Four of these orders be forfeited to the Commonwealth.
5. (5)
  Pursuant to section 69(2) of the Proceeds of Crime Act 2002 (Cth), leave is granted to the Official Trustee on behalf of the Commonwealth to deal with the forfeited property in the Schedule immediately.
6. (6)
  Matter be listed for directions hearing before the Common Law Registrar on 4 September 2020.
7. (7)
  Liberty to restore on 3 days’ written notice.