Commissioner of the Australian Federal Police v Qi

[2020] NSWSC 327

Supreme Court

New South Wales

Medium Neutral Citation:	Commissioner of the Australian Federal Police v Qi [2020] NSWSC 327
Hearing dates:	31 March 2020
Date of orders:	31 March 2020
Decision date:	31 March 2020
Jurisdiction:	Common Law
Before:	Harrison J
Decision:	(1) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule One of these orders be forfeited to the Commonwealth. (2) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Two of these orders be forfeited to the Commonwealth. (3) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Three of these orders be forfeited to the Commonwealth. (4) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Four of these orders be forfeited to the Commonwealth. (5) Pursuant to section 69(2) of the Proceeds of Crime Act 2002 (Cth), leave is granted to the Official Trustee on behalf of the Commonwealth to deal with the forfeited property in the Schedule immediately. (6) Matter be listed for directions hearing before the Common Law Registrar on 4 September 2020. (7) Liberty to restore on 3 days’ written notice.
Catchwords:	CRIME – proceeds of crime – forfeiture orders
Legislation Cited:	Proceeds of Crime Act 2002 (Cth)
Category:	Procedural and other rulings
Parties:	Commissioner of the Australian Federal Police (Plaintiff) Zheng Tao Qi (First Defendant)
Representation:	Solicitors: Australian Federal Police, Criminal Assets Litigation (Plaintiff) Birchgrove Legal (First Defendant)
File Number(s):	2019/301128
Publication restriction:	Nil

Judgment

1. HIS HONOUR: On 26 September 2019, Fagan J made restraining orders in respect of each of the following items of property:

1. $130,062.13 held by the Commonwealth Bank, the property of Qi Group Holdings Pty Ltd (schedule 1)

2. 2017 Land Rover Discovery motor vehicle registered to Gina Qi, the wife of the first defendant (schedule 2)

3. 2016 Range Rover motor vehicle registered to Tenjay Pty Ltd (schedule 3)

4. 2014 Land Rover Discovery motor vehicle registered to GRQ Investment Holdings Pty Ltd (schedule 4)

5. Trailerable fishing boat and trailer, the boat being registered to Sami Teffaha (schedule 5)

6. Seven watches seized from the first defendant’s residence at the time of his arrest (schedule 6)

7. $20,000 in cash also seized from the first defendant’s residence at the time of his arrest (schedule 7)

2. The plaintiff now seeks forfeiture orders pursuant to s 49 of the Proceeds of Crime Act2002 with respect to the same property. Pursuant to that section, a court with proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if the matters in paragraphs (a) to (e) inclusive are satisfied.

3. Section 49(1) of the Act is in the following terms:

(1) A court with proceeds jurisdiction must make an order that property specified in the order is forfeited to the Commonwealth if:

(a) the responsible authority for a restraining order under section 19 that covers the property applies for an order under this subsection; and

(b) the restraining order has been in force for at least 6 months; and

(c) the court is satisfied that one or more of the following applies:

(i) the property is proceeds of one or more indictable offences;

(ii) the property is proceeds of one or more foreign indictable offences;

(iii) the property is proceeds of one or more indictable offences of Commonwealth concern;

(iv) the property is an instrument of one or more serious offences; and

(e) the court is satisfied that the authority has taken reasonable steps to identify and notify persons with an interest in the property.

4. Having regard to the material before me, I am satisfied that a restraining order under s 19 of the Act has been made with respect to the property and that it has been in force for at least 6 months. I am also satisfied that the property is the proceeds of an indictable offence or indictable offences. I am also satisfied that the plaintiff has taken reasonable steps to identify and notify all persons with an interest in the property.

5. In the circumstances I make the following orders:

1. Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule One of these orders be forfeited to the Commonwealth.

2. Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Two of these orders be forfeited to the Commonwealth.

3. Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Three of these orders be forfeited to the Commonwealth.

4. Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedule Four of these orders be forfeited to the Commonwealth.

5. Pursuant to section 69(2) of the Proceeds of Crime Act 2002 (Cth), leave is granted to the Official Trustee on behalf of the Commonwealth to deal with the forfeited property in the Schedule immediately.

6. Matter be listed for directions hearing before the Common Law Registrar on 4 September 2020.

7. Liberty to restore on 3 days’ written notice.

SCHEDULE ONE

2017 Land Rover Discovery motor vehicle bearing vehicle identification number SALRA2AK7HA017652 and New South Wales registration number DPF06C registered in the name of Gina Qi;

SCHEDULE TWO

(i)   Franck Muller Cintree Curvex Giga Tourbillon model number 8889 T G SQT BR watch located in a Louis Vuitton carry bag at xx Westbrook Avenue, Wahroonga NSW (Bag) and seized by the Australian Federal Police (AFP) on 27 September 2018.

(ii)   Franck Muller Long Island model number 1200 MC L D CD watch located in the Bag and seized by the AFP on 27 September 2018.

(iii)   Royal Oak Offshore Ginza 7 Chronograph model number 26205AU.OO. D002CR.01 watch bearing serial number 630917 located in the Bag and seized by the AFP on 27 September 2018.

(iv)   Roger Dubuis Excalibur Double Tourbillon model number EX45-01SQ-50-00-0E000-B watch bearing serial number 85780 H049F9 located in the Bag and seized by the AFP on 27 September 2018.

(v)   Cartier Roadster model number 2618 watch bearing serial number 8544513MX located in the Bag and seized by the AFP on 27 September 2018.

(vi)   Rolex Oyster Perpetual Daytona Cosmograph model number 116599 watch bearing serial number 8986D701 located in the Bag and seized by the AFP on 27 September 2018.

(vii)   Rolex Oyster Perpetual Date GMT-Master II model number 116759 watch bearing serial number V756531 located in the Bag and seized by the AFP on 27 September 2018.

SCHEDULE THREE

(i)   The sum of approximately AUD19,800 cash located in the Bag and seized by the AFP on 27 September 2018, deposited into the AFP Trust Account with the Reserve Bank of Australia (RBA), together with any interest earned on that amount.

(ii)   The sum of approximately AUD200 cash located in the Bag and seized by the AFP on 27 September 2018, retained for forensic testing, together with any interest earned on that amount.

SCHEDULE FOUR

(i)   The sum of approximately AUD78,400 cash provided to ACIC UCO4160 known as ‘Jemal Hassan’ (Jemal) and seized by the AFP on 30 August 2019, deposited into the AFP Trust Account with the RBA, together with any interest earned on that amount.

(ii)   The sum of approximately AUD1,600 cash provided to Jemal and seized by the AFP on 30 August 2019, retained for forensic testing, together with any interest earned on that amount.

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Decision last updated: 31 March 2020