Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-6 - UNEXPLAINED WEALTH ORDERS  

Division 1 - Making unexplained wealth orders  

SECTION 179E   Making an unexplained wealth order  

179E(1)    

A court with *proceeds jurisdiction must make an order (an unexplained wealth order ) requiring a person to pay an amount to the Commonwealth if:

(a) the court has made a *preliminary unexplained wealth order in relation to the person; and

(b) the court is not satisfied that the whole or any part of the person ' s *wealth was not derived or realised, directly or indirectly, from one or more of the following:

(i) an offence against a law of the Commonwealth;

(ii) a *foreign indictable offence;

(iia) a *relevant offence of a *participating State;

(iii) a *State offence that has a federal aspect;

(iv) a *Territory offence.

179E(2)    
The court must specify in the order that the person is liable to pay to the Commonwealth an amount (the person ' s unexplained wealth amount ) equal to the amount that, in the opinion of the court, is the difference between:

(a) the person ' s *total wealth; and

(b) the sum of the values of the property that the court is satisfied was not derived or realised, directly or indirectly, from one or more of the following:

(i) an offence against a law of the Commonwealth;

(ii) a *foreign indictable offence;

(iia) a *relevant offence of a *participating State;

(iii) a *State offence that has a federal aspect;

(iv) a *Territory offence;

reduced by any amount deducted under section 179J (reducing unexplained wealth amounts to take account of forfeiture, pecuniary penalties etc).

179E(3)    
In proceedings under this section, the burden of proving that a person ' s *wealth is not derived or realised, directly or indirectly, from one or more of the offences referred to in paragraph (1)(b) lies on the person.

179E(4)    

To avoid doubt:

(a) when considering whether to make an order under subsection (1), the court may have regard to information not included in the application; and

(b) the court may make an order under subsection (1) in relation to a person even if the person failed to appear as required by the *preliminary unexplained wealth order.

179E(5)    
To avoid doubt, subsection (3) has effect despite section 317 .

179E(6)    

Despite subsection (1), the court if the court is satisfied that:

(a) the person ' s *unexplained wealth amount is less than $100,000; or

(b) it is not in the public interest to make the order.