CRIMINALS MAY LOSE PROCEEDS OF CRIME

Drug traffickers, people smugglers and other criminals could lose the
fortunes they have made from their crimes without being convicted,
under new laws being considered by the Federal Government.

Under current Commonwealth law, a person must be convicted of a crime
before the proceeds of illegal activity can be seized.

Justice and Customs Minister Chris Ellison will take a proposal to
cabinet in the next few weeks to enable criminal assets to be seized
through the civil courts.

"The aim of this legislation is to ensure criminals do not profit
from crime by hiding their illgotten assets prior to conviction,"
Senator Ellison said.

The proposal will target those profiteering from crimes such as money
laundering, people smuggling, drug trafficking and other organised
crime.

"What this will be doing is aiming at the Mr Bigs because the Mr Bigs
never get their hands dirty ... This is why we need to broaden the
Commonwealth's capacity to get the proceeds of crime," Senator
Ellison told ABC radio.

Under the proposed changes, once it could be proven through the civil
courts that a person had been engaged in unlawful conduct, some or
all of their assets would be confiscated if the person could not
prove that they were purchased lawfully.

The scheme would require the Federal Government to meet the civil
standard of proof the balance of probabilities to seize criminals'
assets rather than the harder to prove criminal standard of beyond
reasonable doubt. Criminals will be asked to explain through the
civil courts how they obtained riches without visible means of income.

The Australian Law Reform Commission recommended toughening the
current legislation in June, 1999.

Victoria, Western Australia and New South Wales already confiscate
criminals' assets under a similar system.

Labor has announced support for similar initiatives to confiscate the
proceeds of crime.