Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An unexplained wealth order authorises the public trustee and guardian to satisfy the order out of any property restrained for the order (including any property that becomes restrained after the order is made).
Note 1 An amount received by the public trustee and guardian to satisfy the unexplained wealth order must be paid into the confiscated assets trust fund (see s 131).
Note 2 An interstate unexplained wealth order is taken to be an unexplained wealth order under this Act (see s 139).
(2) To satisfy the unexplained wealth order, the public trustee and guardian may sell or otherwise dispose of restrained property that is not money in any way the public trustee and guardian considers appropriate.
Note The money realised by the public trustee and guardian from the disposal of property must be paid into the confiscated assets trust fund (see s 131 and dict, def "fully satisfied", par (b)).
(3) However, the public trustee and guardian must not sell or otherwise dispose of restrained property to satisfy the order until all confiscation proceedings, including forfeiture proceedings, in relation to the property have been finalised.
Note 1 For the meaning of confiscation proceedings , see s 236.
Note 2 For when confiscation and criminal proceedings are finalised, see s 18.
(4) The unexplained wealth order also authorises the public trustee and guardian or anyone else named in the order (an authorised agent ) to sign any instrument necessary or convenient for the disposal of restrained property.
(5) An instrument signed by an authorised agent has the same effect as if it were signed by the person who owned the property before it was disposed of.