The onus of proving the property was lawfully obtained is on the respondent and any unexplained wealth may be confiscated and forfeited to the State Proceeds from forfeited money are used by the WA Police Force to fund operations to target organised crime.

Proceeds of Crime Squad

The Proceeds of Crime Squad deals primarily with the seizure and control of assets connected with illegal activity.

The goal of the squad is to target organised crime by removing the main incentive for crime profit.

The squad provides specialist services and investigators are trained to incorporate and administer the provisions of the Criminal Property Confiscation Act 2000, the Misuse of Drugs Act 1981 and the Criminal Investigation (Extra Territorial Offences) Act 1987, as they relate to asset seizures.

The squad works closely with the WA Police Force staff and with other departments such as the Australian Taxation Office and the Office of the Director of Public Prosecutions.

About the Criminal Property Confiscation Act 2000

The powers contained within the Criminal Property Confiscation Act 2000 (CPCA) permit the State to apply to have all assets of a convicted drug trafficker seized regardless of whether they have been lawfully obtained.

The drug trafficker section of the CPCA is conviction based where as the unexplained wealth component does not rely on a conviction.

The State only have to prove there is a discrepancy in a person's lawfully acquired income compared to their known assets. It is then up to the individual to prove the assets have been lawfully obtained.