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 4
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Enforcement of unexplained wealth orders
SECTION 179S
Property subject to a person's effective control
179S(1)
If:
(a) a person is subject to an *unexplained wealth order; and
(b) the *responsible authority applies to the court for an order under this section; and
(c) the court is satisfied that particular property is subject to the *effective control of the person;
179S(2)
The order under subsection (1) may be enforced against the property as if the property were the *person's property.
179S(3)
The court may, on application by the *responsible authority, make a *restraining order under section 20A in respect of the property as if:
(a) the property were the *person ' s property; and
(b) the requirements in paragraphs 20A(1)(c) to (g) were satisfied.
179S(4)
If the *responsible authority applies for an order under subsection (1) relating to particular property, the authority must give written notice of the application to:
(a) the person who is subject to the *unexplained wealth order; and
(b) any person whom the authority has reason to believe may have an *interest in the property.
179S(5)
The person who is subject to the *unexplained wealth order, and any person who claims an *interest in the property, may appear and adduce evidence at the hearing of the application.
View history note
Hide history noteIf:
(a) a person is subject to an *unexplained wealth order; and
(b) the *responsible authority applies to the court for an order under this section; and
(c) the court is satisfied that particular property is subject to the *effective control of the person;
the court may make an order declaring that the whole, or a specified part, of that property is available to satisfy the unexplained wealth order.
179S(2)
The order under subsection (1) may be enforced against the property as if the property were the *person's property.
179S(3)
The court may, on application by the *responsible authority, make a *restraining order under section 20A in respect of the property as if:
(a) the property were the *person ' s property; and
(b) the requirements in paragraphs 20A(1)(c) to (g) were satisfied.
179S(4)
If the *responsible authority applies for an order under subsection (1) relating to particular property, the authority must give written notice of the application to:
(a) the person who is subject to the *unexplained wealth order; and
(b) any person whom the authority has reason to believe may have an *interest in the property.
179S(5)
The person who is subject to the *unexplained wealth order, and any person who claims an *interest in the property, may appear and adduce evidence at the hearing of the application.
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