To what extent do the objection to confiscation provisions in Part 6 of the Criminal Property Confiscation Act 2000 (WA) protect the family home of an 'innocent party' from confiscation?

Author

Joel Bond, Edith Cowan UniversityFollow

Date of Award

2018

Document Type

Thesis

Publisher

Edith Cowan University

Degree Name

Bachelor of Laws Honours

School

School of Business and Law

First Supervisor

Rupert Johnson

Second Supervisor

Anthony Hevron

Abstract

The Western Australian Government stated that the Criminal Property Confiscation Act 2000 (WA) (‘CPCA’) will provide ‘the strongest and most effective’ confiscation powers in the world.1 It was observed by the High Court that the CPCA has enabled a confiscation of property scheme that has a ‘significant impact upon personal and property rights.’2 Strong powers to fight crime are justified, but it is critical that these powers are used responsibly and that innocent parties are protected. This thesis considers the extent to which the objection to confiscation provisions in Part 6 of the CPCA (‘the protections’) operate to protect the family home of an ‘innocent party’.

Recommended Citation

Bond, J. (2018). To what extent do the objection to confiscation provisions in Part 6 of the Criminal Property Confiscation Act 2000 (WA) protect the family home of an 'innocent party' from confiscation?. Edith Cowan University. https://ro.ecu.edu.au/theses_hons/1512