Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 98F

    (1)     A relevant court making an unexplained wealth order in relation to a person may make another order directing the Territory, once the unexplained wealth order is fully satisfied, to pay an amount (a relief amount ) decided by the court to a dependant of the person if the court is satisfied that—

        (a)     the unexplained wealth order would cause undue hardship to the dependant; and

        (b)     the amount would relieve the hardship; and

        (c)     if the dependant is at least 18 years old—the dependant had no knowledge of the person's conduct that is the subject of the unexplained wealth order.

    (2)     When deciding the relief amount, the court—

        (a)     must only allow an amount to assist the dependant to avoid undue hardship for a period in which the dependant could not reasonably be expected to meet the dependant's reasonable living expenses; and

        (b)     must as far as practicable, having regard to the minimum standard of living mentioned in section 37 (3) (a) (ii), when determining undue hardship not take into account hardship arising from the loss of a previous standard of living of the dependant to the extent that the previous standard of living was likely to have been the result of unexplained wealth.

    (3)     An amount decided by the court must not be more than the value of the person's unexplained wealth.

    (4)     An order under this section may relate to more than 1 of the person's dependants.

Note      For the meaning of dependant , see dict.