The Commissioner of the Australian Federal Police

The Commissioner of the Australian Federal Police (Applicant) sought restraining orders in respect of approximately $13 million held in bank accounts in Australia. The Applicant contended that the money was proceeds of the offence of opening or operating a bank account in a false name, contrary to section 4G of the Crimes Act 1914 (Cth). The matter was heard in the Federal Court of Australia.

The court was required to determine whether the money deposited in the bank account in a false name could be proceeds of the offence, and whether money in a bank account operated under a false name could be proceeds of that crime. The court also needed to determine whether the bank accounts were instruments of the crime for the purposes of the Proceeds of Crime Act 2002 (Cth).

The court held that the money deposited in the bank account in a false name was proceeds of the offence, and that the bank accounts were instruments of the crime. The court further held that the money in the bank account operated under a false name could also be proceeds of the offence. The court found that the Commissioner had established the requisite link between the money and the offence, and that there were reasonable grounds to suspect the property to be proceeds of crime. The court also held that the Financial Transaction Reports Act 1988 did not prevent the court from making the orders sought by the Commissioner.

The court made the orders sought by the Commissioner, restraining the dealing with the money in the bank accounts and appointing a receiver to take possession of the property.