Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 77A

    (1)     This section applies to an application for an exclusion order for property if—

        (a)     an unexplained wealth restraining order has been applied for in relation to the property; or

        (b)     the property has been restrained under an unexplained wealth restraining order.

    (2)     If the application is made by the person in relation to whom the unexplained wealth restraining order has been made or is sought (the relevant person ), the relevant court must not make an exclusion order for the property unless the court is satisfied that the property—

        (a)     was lawfully acquired by the relevant person; and

        (b)     is not tainted property in relation to any offence against a territory law, or a law of the Commonwealth, a State, another Territory or a foreign country; and

Note     For the meaning of in relation to , see dict.

        (c)     is not required to be restrained to satisfy an unexplained wealth order; and

        (d)     does not have evidentiary value in any criminal proceeding.

    (3)     If the application is made by someone other than the relevant person, the court must not make an exclusion order for the property unless it is satisfied that—

        (a)     the applicant has an interest in the property; and

Note     For the meaning of interest , see the Legislation Act

, dict, pt 1.

        (b)     the applicant was not a party to the relevant serious criminal activity or any related serious criminal activity; and

        (c)     the interest is not subject to the effective control of the relevant person; and

Note     For the meaning of effective control , see s 14.

        (d)     the interest is not tainted property in relation to a serious offence; and

        (e)     if the interest was acquired completely or partly, or directly or indirectly, from the relevant person—the interest was acquired honestly and for sufficient consideration and the applicant took reasonable care to establish that the interest may be lawfully acquired by the applicant; and

        (f)     the property does not have evidentiary value in any criminal proceeding.

    (4)     An exclusion order must state the property to which it applies.