Crime kingpins assets face seizure as SA joins national scheme

SA will share in the spoils of any assets seized from wealthy crime kingpins after joining a national unexplained wealth scheme.

South Australia will share in any assets seized from organised criminal syndicates targeted in cross border investigations after joining the national unexplained wealth confiscation scheme.

Attorney-General Vickie Chapman has introduced legislation to facilitate SA’s participation in the nationally co-ordinated scheme that targets the key players in national crime syndicates.

The Unexplained Wealth (Commonwealth Powers) Bill 2021 will act in tandem with current state unexplained wealth legislation that is yet to be used against any local crime figure.

Ms Chapman said the nationally co-ordinated approach would ensure “state borders do not hinder efforts to seize unlawfully obtained wealth.”

“It means that when South Australian Police are involved in shutting down illegal activities interstate, like drug trafficking or money laundering, our state will be eligible for an equal share in any confiscated material,” she said.

“This strengthens South Australia’s capacity to support the confiscation of unexplained wealth, and ensures information about both operations and legislative changes is shared among Australian law enforcement authorities.

“It’s critically important that we strip criminal syndicates of the proceeds of crime and reduce their influence.

“I am confident that this collaboration between states, territories and the Federal Government will see more of these illegal operations stymied, with South Australia reaping the rewards of successful investigations.”

The national unexplained wealth legislation is administered by the Department for Home Affairs with investigations co-ordinated through a co-operating Jurisdiction Committee.

In October last year The Advertiser revealed police had spent $2.4 million on an unexplained wealth investigation into a well-known Adelaide bikie figure, only to abandon the inquiry after legal advice.

Following that decision Police Commissioner Grant Stevens revealed police would not launch any further unexplained wealth investigations because of flaws in the legislation and other significant barriers identified during the inquiry.

“These barriers prevented the use of SAPOL intelligence holdings and disclosure of other information held by state and commonwealth government agencies and non-government organisations required to identify possible targets, make preliminary assessments, identify, locate and trace wealth or otherwise assist any investigations or proceedings,’’ Mr Stevens told The Advertiser at the time.

“The protracted investigation highlighted the complexities of the legislation and demonstrated that the Act was practicably unworkable.”

AFP officers confiscated multiple luxury cars – including this Rolls Royce – during Operation Beaufighter. Picture: Supplied

Under the Serious and Organised Crime (Unexplained Wealth) Act an application can be lodged in the District Court – after being approved by the Crown Solicitor and Director of Public Prosecutions – against an individual who has accumulated assets in excess of their legitimate earning capacity.

The onus is on the individual to prove they acquired the assets legitimately otherwise, an order for their value is made against them.

The unexplained-wealth investigation into the bikie identity was launched in August 2013 after a lengthy assessment process of many potential targets – all suspected or convicted criminals involved in organised crime who have accumulated large asset bases. As part of the investigation, police obtained 167 warrants from a District Court judge, four court orders requiring individuals to provide information, and another four court orders compelling financial institutions to provide details concerning the man’s financial affairs.

The investigation examined property acquisitions, the source of cash, luxury motor vehicles and even a boat the man once owned.

Police have been successfully using other legislative tools – such as the prescribed drug offender and confiscation of assets laws – to combat organised criminals and strip them of their illegally obtained wealth.

Originally published as Crime kingpins assets face seizure as SA joins national scheme