The Commissioner of the Australian Federal Police v Cranston (No 15)

The Commissioner of the Australian Federal Police brought proceedings against Cranston for the confiscation of property under the forfeiture provisions of the Proceeds of Crime Act 2002 (Cth). The central issue in the case was whether the court could extend the period for the application of section 93 of the Act due to what was termed "undue delay" in the diligent follow-up of the case. The dispute also involved the applicability of the section to the property of persons other than the offender.

The court examined whether the police had acted with the requisite diligence in pursuing the confiscation of Cranston's property. It was determined that the police had indeed been diligent, given the complexity of the investigations and the challenges encountered in locating and securing the property. The court also considered the statutory language and the broader objectives of the Proceeds of Crime Act, finding that the term "undue delay" was not applicable in this instance. Consequently, the court ruled that the extension of the period for the application of section 93 was not warranted. Furthermore, the court clarified that the forfeiture provisions were indeed applicable to the property of persons other than the offender, provided the property was connected to criminal activities.

The outcome of the case was that the application to extend the period for the application of section 93 was dismissed. The court's decision underscored the importance of diligent follow-up by law enforcement agencies and clarified the scope of the forfeiture provisions in relation to property belonging to third parties.