Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 98C

    (1)     If an unexplained wealth restraining order has not been made in relation to a person the subject of an application under section 98B, an affidavit by a police officer supporting the application for an unexplained wealth order against the person must state that the police officer suspects that—

        (a)     a person's total wealth exceeds the value of the person's wealth that was lawfully acquired; and

        (b)     the whole or any part of the person's wealth was derived from serious criminal activity.

Note     Derived includes realised (see s 12).

    (2)     Subsection (1) (b) does not require the police officer to specify in the affidavit a particular offence for serious criminal activity, and it is sufficient if the police officer suspects and the affidavit describes the nature of the activity in general terms.

    (3)     The affidavit must state, for the property mentioned in the application, or for each stated part of the property—

        (a)     that the officer suspects that the property is either the property of the person in relation to whom the order is sought or the property of someone else; and

        (b)     for property that the officer suspects is the property of someone else—

              (i)     that the officer suspects that the property is tainted property; or

              (ii)     that the officer suspects that the property is subject to the effective control of the person in relation to whom the order is sought.

    (4)     The affidavit must state the grounds for each belief or suspicion of the police officer stated in the affidavit.