Australia State Law Enforcement Wants More Power to Confiscate Crypto Assets

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In Queensland, Australia’s second largest state, the Crime and Corruption Commission (CCC) has proposed amending the existing crypto asset legislation. The CCC has discovered weaknesses in the current law that enable misuse of digital currencies such as Bitcoin (BTC), and they are seeking greater authority to seize these assets during investigations.

Reformation of CPCA Law to Seize Crypto Assets

A CCC publication from the authorities is calling for changes to the Criminal Proceeds Confiscation Act of 2002 (CPCA). In their announcement, the CCC draws attention to the growing trend of cryptocurrencies and other digital assets being utilized by criminal organizations for illicit activities. These transactions often occur through decentralized financial systems, making it challenging to follow the money trail. The Commission reveals that between 2022 and 2023, approximately $10-$25 billion was laundered in Queensland using various methods.

The CCC highlighted the necessity for change in 7 key sectors, and proposed 10 suggestions to update Queensland’s asset seizure system. To clarify, money laundering is a legal term, not just an operational concept, according to the CCC. They suggest expanding money laundering laws to include offenses related to cryptocurrencies. The CCC strongly believes that the authority to confiscate cryptocurrencies is crucial for gathering evidence, tracing ownership and control, and preserving them for use as evidence in criminal investigations.

Based on the CCC’s report, the Police Powers and Responsibilities Act 2000 (Qld) and the Crime and Corruption Act 2001 (Qld) presently lack provisions enabling law enforcement agents to efficiently confiscate digital assets as proof. The reason being, there is no unequivocal definition of a “digital asset,” and there exists no means for authorities to seize control over such assets.

Sole Authority to Seize Crypto in Australia’s Queensland

The CCC proposes shifting how seized assets are utilized in Queensland. Currently, other areas enable the application of confiscated property towards initiatives like victim restitution and offender rehabilitation. However, in Queensland, such options are absent. Instead, the CPCA mandates that these assets be handed over to the state’s general revenue fund, restricting their effective use.

The CCC proposes taking sole control of seizing digital assets under new guidelines. At present, both the Office of the Director of Public Prosecutions (DPP) and the CCC have a role in asset seizure. However, the Commission holds concerns about the current procedures for confiscation, which it deems inadequate for several reasons. Primarily, these rules don’t enable prompt access to specialized legal counsel during investigations.

Additionally, the CCC has concerns that granting the DPP shared responsibilities for confiscation proceedings with the Office may heighten risks, as the Office will be tasked with both civil litigation and prosecutorial duties. The CCC suggests assigning “exclusive authority for managing and executing all confiscation processes, along with the necessary resources to support these new tasks.”

The CCC emphasizes that tackling sophisticated and persistent criminal activities demands creativity, teamwork among different departments, and substantial resources. Additionally, effective laws that can adapt to the evolving characteristics of the crimes are essential.

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2024-04-10 19:18