Proceeds of Crime Act 2002
CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-6
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UNEXPLAINED WEALTH ORDERS
Division 1
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Making unexplained wealth orders
SECTION 179B
Making a preliminary unexplained wealth order requiring a person to appear
179B(1)
A court with *proceeds jurisdiction must make an order (a preliminary unexplained wealth order ) requiring a person to appear before the court for the purpose of enabling the court to decide whether or not to make an *unexplained wealth order in relation to the person if:
(a) a *proceeds of crime authority applies for an unexplained wealth order in relation to the person; and
(b) the court is satisfied that an *authorised officer has reasonable grounds to suspect that the person's *total wealth exceeds the value of the person's *wealth that was *lawfully acquired; and
(c) any affidavit requirements in subsection (2) for the application have been met.
Effect of restraining orders
179B(1A)
Paragraphs (1)(b) and (c) do not apply if a *restraining order made under section 20A in relation to the person:
(a) is in force; or
(b) has been revoked under section 44 .
179B(1B)
If subsection (1A) applies, the court may, in considering making an order under subsection (1), take into account:
(a) an affidavit of an *authorised officer that:
(b) any material that an authorised officer or *proceeds of crime authority provided, in the proceedings under section 20A , relating to the requirements of subsection 20A(3) ; and
(c) any other material that an authorised officer or proceeds of crime authority provides in the proceedings under this section.
Affidavit requirements
179B(2)
An application for an *unexplained wealth order in relation to a person must be supported by an affidavit of an *authorised officer that:
(a) states that the authorised officer suspects that the person ' s *total wealth exceeds the value of the person ' s *wealth that was *lawfully acquired; and
(b) includes the grounds on which the authorised officer holds that suspicion.
Considering application without notice
179B(3)
The court must make the order under subsection (1) without notice having been given to any person if the *responsible authority requests the court to do so.
Refusal to make preliminary unexplained wealth order
179B(4)
Despite subsection (1), the court may refuse to make the *preliminary unexplained wealth order if the court is satisfied that there are not reasonable grounds to suspect that the person ' s *total wealth exceeds by $100,000 or more the value of the person ' s *wealth that was *lawfully acquired.
View history note
Hide history noteA court with *proceeds jurisdiction must make an order (a preliminary unexplained wealth order ) requiring a person to appear before the court for the purpose of enabling the court to decide whether or not to make an *unexplained wealth order in relation to the person if:
(a) a *proceeds of crime authority applies for an unexplained wealth order in relation to the person; and
(b) the court is satisfied that an *authorised officer has reasonable grounds to suspect that the person's *total wealth exceeds the value of the person's *wealth that was *lawfully acquired; and
(c) any affidavit requirements in subsection (2) for the application have been met.
Effect of restraining orders
179B(1A)
Paragraphs (1)(b) and (c) do not apply if a *restraining order made under section 20A in relation to the person:
(a) is in force; or
(b) has been revoked under section 44 .
179B(1B)
If subsection (1A) applies, the court may, in considering making an order under subsection (1), take into account:
(a) an affidavit of an *authorised officer that:
(i) supported the application for the *restraining order made under section 20A ; and
(ii) met the requirements of subsection 20A(3) ; and
(b) any material that an authorised officer or *proceeds of crime authority provided, in the proceedings under section 20A , relating to the requirements of subsection 20A(3) ; and
(c) any other material that an authorised officer or proceeds of crime authority provides in the proceedings under this section.
This subsection does not limit the court ' s power to take other material into account.
Affidavit requirements
179B(2)
An application for an *unexplained wealth order in relation to a person must be supported by an affidavit of an *authorised officer that:
(a) states that the authorised officer suspects that the person ' s *total wealth exceeds the value of the person ' s *wealth that was *lawfully acquired; and
(b) includes the grounds on which the authorised officer holds that suspicion.
Considering application without notice
179B(3)
The court must make the order under subsection (1) without notice having been given to any person if the *responsible authority requests the court to do so.
Refusal to make preliminary unexplained wealth order
179B(4)
Despite subsection (1), the court may refuse to make the *preliminary unexplained wealth order if the court is satisfied that there are not reasonable grounds to suspect that the person ' s *total wealth exceeds by $100,000 or more the value of the person ' s *wealth that was *lawfully acquired.
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