Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) On application under section 98B, the relevant court must make an unexplained wealth order against a person if the court is not satisfied that the whole or any part of the person's wealth was not derived from serious criminal activity.
(2) However, the court may refuse to make an unexplained wealth order or may reduce the amount that would otherwise be payable as assessed, if the court, having regard to the purposes of this Act, thinks it is in the public interest to do so.
(3) A decision of the court to refuse to make an unexplained wealth order or to reduce an amount that would otherwise be payable as assessed is not in the public interest if based only on 1 or more of the following:
(a) a specific serious offence has not been particularised or proved to be associated with the person's unexplained wealth;
(b) the person or the person's dependants will not have the same standard of living as a result of the order or reduction.
(4) For subsection (1), wealth may be derived before the commencement of this section.
(5) In making an unexplained wealth order, the relevant court must not order the person to pay the Territory an amount that is more than the person's unexplained wealth assessed under section 98E.
Note Derived includes realised (see s 12).