Commissioner of the Australian Federal Police v Fernandez

The Commissioner of the Australian Federal Police appealed to the Full Federal Court against a decision of a primary judge who had declined to make forfeiture orders in respect of the respondent's interests in two bank accounts. The dispute concerned whether the funds in these accounts constituted "proceeds" of an offence within the meaning of the *Proceeds of Crime Act 2002* (Cth).

The Full Federal Court was required to determine whether the primary judge erred in finding that the respondent's interests in the bank accounts were not proceeds of an offence. Further, the court had to consider whether the respondent bore the onus of proving that section 49(4) of the *Proceeds of Crime Act 2002* (Cth) was satisfied, and whether the primary judge had erred in concluding that it was not in the public interest to make forfeiture orders.

The Full Federal Court allowed the appeal, finding that the primary judge had erred in their assessment. The court held that the respondent's interests in the specified bank accounts were indeed proceeds of an offence. It was determined that the onus was on the respondent to prove that the conditions in section 49(4) of the Act were met, which he failed to do. Consequently, the court set aside the primary judge's orders and made forfeiture orders in favour of the Commonwealth in respect of the funds in the two bank accounts. The respondent was also ordered to pay the Commissioner's costs of both the trial and the appeal.