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ASSET-STRIPPING THE PEOPLE ASSET-STRIPPING THE PEOPLE Asset forfeiture laws around the globe are most likely to have adverse impacts on innocent people rather than on the criminals they are supposed to target. hen Federal Parliament reconvenes in 2002, Australians are likely to be confronted with a plethora of new legislation striking at the heart of civil liberties and freedom. In the wake of the terrorist attacks on America, new draconian counterterrorism measures have been pro- posed by Federal Cabinet and legislation is being prepared. The new legislation, likely to gain the support of both major political parties, will supplement the existing warranting regime under which the Australian Security Intelligence Organisation (ASIO) exercises special powers. A new "general offence" of terrorism and an offence related to preparing for or planning terrorist acts will be introduced. The Proceeds of Crime Act 1987 will be amended to allow terrorist property and assets to be frozen and seized. Attorney-General Darryl Williams says the legislation is being introduced on the basis that "we must remain vigilant and take appropriate defensive measures". The laws are likely to get the green light, despite the fact that Australia already has well- practised and cooperative counterterrorism plans and a raft of Commonwealth, State and Territory legislation dealing with terrorism. A sweeping review of national security legislation was undertaken prior to the Sydney 2000 Olympic Games, result- ing in the passage of the Defence Legislation Aid to the Civil Power Act 2000. Introduced without a sunset clause, the Act gave security forces wide-ranging pow- ers, and for the first time in history the military gained the legal authority to shoot to kill citizens. The new Bills are likely to emerge via a wave of media and political hysteria call- ing for "homeland" security. Among the new legislation will be a rehashed Proceeds of Crime Bill 2001, which was tabled at the last session of Federal Parliament. The Bill would implement a regime of civil forfeiture of assets, in line with international trends. It has the support of the Liberal Government and Labor Opposition. WHAT IS ASSETS FORFEITURE? Forfeiture means that the government can seize property that has been gained as a result of a crime or an alleged crime; for example, drug trafficking, people smug- gling or money laundering. There are two types of forfeiture procedures. ¢ Criminal forfeiture: This requires the defendant to be found guilty of the crime in a criminal court before property can be seized. In Australia, this action comes under the Proceeds of Crime Act 1987. In these cases, legal representation is a right and the jury must find "beyond a reasonable doubt" that the property was integrally connected with the crime. ¢ Civil forfeiture: This occurs when the government shows "probable cause" to initiate proceedings, "innocent until proven guilty" is reversed and the property owner generally has the burden of proof that they are innocent. Since the forfeiture is a civil—not criminal—proceeding, the right to a trial by jury is often denied, plus defendants are not entitled to legal representation unless they can pay for it them- selves (a difficult task, since often the seized property is the defendant's only asset). The Proceeds of Crime Bill 2001 is based on civil forfeiture proceedings. by Susan Bryce © 2001 Publisher/Editor Australian Freedom & Survival Guide PO Box 66 Kenilworth, Qld 4574 Australia Email: sbryce@squirrel.com.au Website: www.squirrel.com.au/~sbryce/ NEXUS + 29 AUSTRALIA'S PROCEEDS OF CRIME BILL 2001 by Susan Bryce © 2001 DECEMBER 2001 — JANUARY 2002 www.nexusmagazine.com