Application by the Commissioner of the Australian Federal Police

The Commissioner of the Australian Federal Police applied to the Federal Court for a restraining order to prevent the removal of funds from Australia. The application was made under the Criminal Asset Recovery Act 2006. The funds in question were held by a named individual and the Commissioner believed them to be proceeds of an indictable offence. The applicant sought various orders, including orders for sworn statements and for the individual to submit to examination. The application was brought on an ex parte basis due to the urgency of the situation.

The court had to decide whether there were reasonable grounds to suspect that the funds were proceeds of an indictable offence. The Commissioner argued that the circumstances were sufficient to meet the statutory threshold. The individual did not oppose the application but questioned the standard of proof required. The court held that the Commissioner needed to demonstrate that there were reasonable grounds for suspicion, a lower threshold than proof beyond reasonable doubt. The court was satisfied that the Commissioner had met this burden.

The court granted the restraining order and made various other orders, including orders for the individual to provide sworn statements and to submit to examination. The court found that the Commissioner had made out the necessary case for these orders, considering the urgency of the matter and the need to prevent the dissipation of criminal assets. The individual was given the opportunity to oppose the orders at a subsequent hearing. The orders were made to remain in place until the next hearing or further order of the court.