Application by the Commissioner of the Australian Federal Police

The application before the court was brought by the Commissioner of the Australian Federal Police, who sought a consent order for the forfeiture of property restrained under the Proceeds of Crime Act 2002. The central issue was whether a consent order for forfeiture could be made without the consent of the person served with proceedings, when the six-month period stipulated by the legislation had not elapsed and the person had not applied in respect of the property. The case was heard in the Federal Circuit Court of Australia.

The legal issue the court had to resolve was whether the lack of consent from the person served with proceedings, coupled with the six-month period not having elapsed, precluded the court from making a consent order for the forfeiture of the property. The court examined the provisions of the Proceeds of Crime Act 2002, specifically section 16(3), which outlines the circumstances under which a consent order may be made, and the requirement for the six-month period to elapse before such an order can be made without consent.

The court found that the statutory language did not absolutely preclude the making of a consent order without consent if the court was satisfied that the person served had no objection. The court reasoned that the six-month period was a general guideline, not an absolute requirement, and that the court retained discretion to make a consent order if it was satisfied that the person had no objection. Given that the person had not made any application in respect of the property and had not objected to the making of the consent order, the court concluded that it was appropriate to make the order. The court made the consent order for the forfeiture of the property, recognising the flexibility of the statutory framework in achieving the aims of the Proceeds of Crime Act 2002.