Restraining orders and the Proceeds of Crime Act 2002 legislation create information gathering powers for the Commonwealth. If applied for by the Commissioner of the AFP, a Court may order a compulsory examination of any person in relation to the affairs of a suspect, property owner and/or their spouse.
The legislation also states that there is no privilege against self-incrimination which means that a person being examined cannot refuse to answer questions on the basis that they might admit to a criminal offence. Every question must be answered.
Where a person is also charged with criminal offences, and has a right to remain silent, the powers of examination may impact upon that right. One way to seek protection is through a Quarantine Order.
A Quarantine Order is made under s.266A(2)(b) of the Proceeds of Crime Act 2002 and prevents information obtained during coercive examination of a person being shared with people involved in the criminal investigation of that same person.
It is one of the few protections a person can make use of in this area. Speak to one of our experienced lawyers to obtain advice about Quarantine Orders in examination hearings under the Proceeds of Crime Act 2002.
