The Commissioner of the Australian Federal Police v Rifai - Application by Njaima Kasmi

In the Federal Circuit Court of Australia, the Commissioner of the Australian Federal Police sought to extend the time for forfeiting property, pursuant to section 93 of the Criminal Code Act 1995. The applicant, Njaima Kasmi, contested the extension on the basis that the Commissioner had not made the application without undue delay. The court was required to determine whether the application for an extension had been made without undue delay and, if so, whether an extension should be granted.

The court considered the legislative history and the provisions of section 93, which allows for the extension of the period before property is forfeited if the application is made without undue delay. The court applied the statutory test for undue delay, focusing on the reasons for the delay and the steps taken to mitigate the delay. The Commissioner argued that the delay was due to operational challenges and that they had taken reasonable steps to mitigate the delay. The court was satisfied that the application was not made with undue delay and found that the application should be granted.

The court granted the extension, allowing the Commissioner to forfeit the property within the extended period. The court emphasised the importance of the Commissioner acting without undue delay and noted that the application was made promptly once the operational challenges were overcome. The court's decision provides clarity on the application of the undue delay test in the context of property forfeiture extensions.