Lee v The Queen; Lee v The Queen

The High Court of Australia considered appeals by Mr. Lee against convictions for offences under the *Proceeds of Crime Act 2002* (Cth) and the *Criminal Code Act 1995* (Cth). The appeals concerned the interpretation and application of provisions relating to the forfeiture of assets derived from or related to criminal activity.

The central legal issues before the Court were whether the Commissioner of the Australian Federal Police had the power to make an application for a restraining order under s 40 of the *Proceeds of Crime Act 2002* in circumstances where the applicant had not been convicted of any offence, and whether the forfeiture provisions of the Act could apply to assets that were not directly the proceeds of crime but were otherwise related to the commission of an offence. The Court also considered the proper construction of the term "benefit derived from or derived from or in connection with the commission of the offence" within the context of the Act.

The High Court held that a restraining order under s 40 of the *Proceeds of Crime Act 2002* could be made even if the person concerned had not yet been convicted of an offence, provided that the Commissioner had reasonable grounds to believe that the person had committed an indictable offence. The Court further clarified that the forfeiture provisions could extend to assets that were not direct proceeds of crime but were acquired or used in connection with the commission of an offence, thereby giving a broad interpretation to the concept of "benefit derived from or in connection with the commission of the offence". The appeals were dismissed.