Miscellaneous 2013

Taxation, civil forfeiture and unexplained wealth: Part 2

Source: Taxation In Australia Journal Article

Published Date: 1 Apr 2013


The Proceeds of Crime Act 2002 (Cth) is the main instrument for tracing, restraining and confiscating the proceeds of federal crimes in Australia. In light of amendments to the Act in 2011 and 2012, and the establishment of the Joint Criminal Assets Confiscation Taskforce, it is anticipated that litigation pursuant to the regime will increase. Increasingly, too, the Act is being enlivened as a civil regulatory response to alleged tax evasion. At the same time, the Act, and especially the recent amendments, have attracted criticism.

Part 1 of this article, which was published in the previous issue of this journal, traced the development of the federal law of forfeiture of criminal property in Australia up to and including the most recent amendments to the Act. In Part 2, the article explores the operation of the provisions as a civil regulatory response to tax evasion.

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Miscellaneous 2013

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