Asset actions: fast cars and faster confiscations in Aus
In the USA, in rem actions are often used to confiscate property used in the commission of an offence; it's nothing to do with proceeds of crime, a distinction which is often missed and which few other countries test. In fact, Western Australia has passed a law that specifically authorises confiscation in certain cases. And that's causing protests in some quarters.
The extent of WA's law was tested by car dealer Darrin Brandon. His BMW Mini dealership has one example of the Mini Cooper S (the new one, not the cute, rally bred, original) for use as a demonstrator.
At the end of last month, police allege, the car was being driven along the Roe Highway at speeds of about 170kph. That's more than 60kph above the posted speed limit.
And so, under "anti-hoon" laws designed to prevent excessive speeding, the police traced the car and confiscated it.
But the car was not being driven by the dealer or his employees; it was on a test drive with a person whose details have not been made public.
Under the provisions, cars found in breach are impounded for 28 days. This can be reduced if there is hardship - but simple economic loss is not sufficient, say police.
Brandon says that his business is suffering because of something someone else did and that's not fair; the police are unmoving.
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