Sunday 26 September 2010

Onus of proof !

This week the state government made a law change that could potentially cost innocent citizens a lot of money.

The old law enabled police to seize your property if they could prove that it was obtained by criminal activity. There was a time limitation that prevented such seizures going back beyond six years.

The new law reverses the obligation of proof. The police need to prove nothing. You need to be able to prove that your motor vehicle, holiday home, jewellery, bank account and share holding was legitimately acquired - and there is now no limit on how far back the investigation can go.

What a potent weapon if a police prosecutor takes a dislike to a citizen - and decides to play hardball !

Do you have receipts for all those items that you have acquired over the years ? Your wife's jewellery - even the engagement ring you bought her years ago ? And what about that ten year old painting you bought on impulse at an art show - and which has increased in value since the painter became famous ?

Not only do you need to keep the receipts for all acquisitions, but you need corresponding proof of where the income came from that funded those acquisitions.

Seems that even if you have a winning bet at the TAB you should demand payment by cheque - and avoid anything in cash that can not be traced - and proven !

Of course this new law is intended to bring grief to the criminal fraternity - but when the law changes it can often have unintended consequences. In this case it is a wakeup call to review your financial situation in case someone makes a malicious claim about the source of your wealth.

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