Monash University Handbook 2010 Postgraduate - Unit

Synopsis

After a brief examination of the history of various forms of confiscation students will be required to study the conceptual basis upon which property is confiscated in various jurisdictions and to understand the legislative and organisational framework under which asset confiscation is undertaken in Australia at both federal and state levels. The subject is designed to provide students with insight into the principal issues thrown up by asset confiscation, including the concepts of 'property' and 'benefit'.

Objectives

At the completion of this subject students should understand

1. the laws and mechanisms providing for the confiscation of the proceeds of crime;
2. the way in which criminal assets are confiscated in Australia; and
3. how the legislature has attempted to resolve competing public and private intereests. The subject will also attempt to integrate asset confiscation law with the sentencing process.

Assessment

Two research assignments (3000 words each): 80%
Class participation: 20%