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Criminal property law, also known as proceeds of crime law, is the area of law that deals with the confiscation, forfeiture, and recovery of property that has been acquired, used or intended to be used in the commission of a criminal offence.
In Victoria, Australia, criminal property laws are governed by the Confiscation Act 1997 (Vic) and the Proceeds of Crime Act 2002 (Cth) which are the state and federal legislation that applies in Victoria.
The Confiscation Act 1997 (Vic) sets out the powers of the court to make a confiscation order in relation to property that has been acquired, used, or intended to be used in the commission of a criminal offence, and to make a forfeiture order for the forfeiture of property that is the subject of a confiscation order.
The Proceeds of Crime Act 2002 (Cth) provides for the forfeiture of the proceeds of crime and the recovery of the proceeds of crime, and it applies to all states and territories. This Act creates a framework for the investigation, prosecution, and punishment of criminal conduct in relation to money laundering, and the proceeds of crime.