Drug-trafficker property confiscation schemes in Western Australia and the Northern Territory: A study in legislation going too far

Combating drug-related crime is a key focus of proceeds of crime legislation in Australia. Despite this clear focus only three Australian jurisdictions have introduced confiscation provisions levelled specifically at those involved in drug-related crimes: New South Wales, Western Australia, and the Northern Territory. Queensland and South Australia currently have Bills before Parliament aimed at introducing specific drug-related confiscation provisions into their confiscation of proceeds of crime regimes. In New South Wales, drug-trafficker property confiscations operate in virtually the same way as other criminal property confiscations. In Western Australia and the Northern Territory, however, the drug-trafficker confiscation provisions are distinct from the other criminal property confiscation provisions and are particularly harsh. This article examines their operation; in particular, the potential impact of the provisions on the property rights of defendants and innocent third parties is analysed and critiqued. It is argued that the drug-trafficker confiscation schemes in both jurisdictions impact unjustifiably and inequitably on property rights and, in doing so, go far beyond achieving the stated objectives of the legislation.