Commonwealth Consolidated Acts Commonwealth Consolidated Acts1 After paragraph 5(b)
Insert:
(ba) to deprive persons of * unexplained wealth amounts that the person cannot satisfy a court were not derived from certain offences; and
2 Paragraph 5(d)
Omit "and literary proceeds", substitute ", literary proceeds and unexplained wealth amounts".
3 Paragraph 5(e)
Omit "and literary proceeds", substitute ", literary proceeds and unexplained wealth amounts".
4 At the end of section 7
Add:
; and (f) unexplained wealth orders requiring payment of unexplained wealth amounts (see Part 2 - 6).
5 After section 20
Insert:
20A Restraining orders--unexplained wealth
When a restraining order must be made
(1) A court with * proceeds jurisdiction may order that:
(a) property must not be disposed of or otherwise dealt with by any person; or
(b) property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;
if:
(c) the * DPP applies for the order; and
(d) there are reasonable grounds to suspect that a person's * total wealth exceeds the value of the person's * wealth that was * lawfully acquired; and
(e) any affidavit requirements in subsection (3) for the application have been met; and
(f) the court is satisfied that the * authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds; and
(g) there are reasonable grounds to suspect either or both of the following:
(i) that the person has committed an offence against a law of the Commonwealth, a * foreign indictable offence or a * State offence that has a federal aspect;
(ii) that the whole or any part of the person's wealth was derived from an offence against a law of the Commonwealth, a foreign indictable offence or a State offence that has a federal aspect.
Property that a restraining order may cover
(2) The order must specify, as property that must not be disposed of or otherwise dealt with, the property specified in the application for the order, to the extent that the court is satisfied that there are reasonable grounds to suspect that that property is any one or more of the following:
(a) all or specified property of the * suspect;
(b) all or specified * bankruptcy property of the suspect;
(c) all property of the suspect other than specified property;
(d) all bankruptcy property of the suspect other than specified bankruptcy property;
(e) specified property of another person (whether or not that other person's identity is known) that is subject to the * effective control of the suspect.
Affidavit requirements
(3) The application for the order must be supported by an affidavit of an * authorised officer stating:
(a) that the authorised officer suspects that the * total wealth of the * suspect exceeds the value of the suspect's * wealth that was * lawfully acquired; and
(b) if the application is to restrain property of a person other than the suspect but not to restrain * bankruptcy property of the * suspect--that the authorised officer suspects that the property is subject to the * effective control of the suspect; and
(c) that the authorised officer suspects either or both of the following:
(i) that the suspect has committed an offence against a law of the Commonwealth, a * foreign indictable offence or a * State offence that has a federal aspect;
(ii) that the whole or any part of the suspect's wealth was derived from an offence against a law of the Commonwealth, a foreign indictable offence or a State offence that has a federal aspect.
The affidavit must include the grounds on which the authorised officer holds those suspicions.
Legal expenses
(3A) Without limiting the manner and circumstances that may be specified in an order under paragraph (1)(b), the court may order that specified property may be disposed of or otherwise dealt with for the purposes of meeting a person's reasonable legal expenses arising from an application under this Act.
(3B) The court may make an order under subsection (3A) despite anything in section 24.
(3C) The court may require that a costs assessor certify that legal expenses have been properly incurred before permitting the payment of expenses from the disposal of any property covered by an order under subsection (3A) and may make any further or ancillary orders it considers appropriate.
Refusal to make a restraining order
(4) Despite subsection (1), the court may refuse to make a * restraining order if the court is satisfied that it is not in the public interest to make the order.
Note: A court can also refuse to make a restraining order if the Commonwealth refuses to give an undertaking: see section 21.
(4 A ) If the court refuses to make a * restraining order under subsection (1) , it may make any order as to costs it considers appropriate, including costs on an indemnity basis.
Risk of property being disposed of etc.
(5) The court may make a * restraining order even if there is no risk of the property being disposed of or otherwise dealt with.
Later acquisitions of property
(6) The court may specify that a * restraining order covers property that is acquired by the * suspect after the court makes the order. Otherwise, no property that is acquired after a court makes a restraining order is covered by the order.
6 Subsection 29(1) (note)
Omit "31A", substitute "32".
Note: The heading to section 29 is altered by omitting " a restraining order " and substituting " certain restraining orders ".
7 After section 29
Insert:
29A Court may exclude property from a restraining order made under section 20A
The court to which an application for a * restraining order under section 20A was made may, when the order is made or at a later time, exclude specified property from the order if:
(a) an application is made under section 30 or 31; and
(b) the court is satisfied that:
(i) the property is property of a person other than the * suspect; and
(ii) the property is not subject to the * effective control of the suspect.
Note: Section 32 may prevent the court from hearing the application until the DPP has had a reasonable opportunity to conduct an examination of the applicant.
8 Paragraph 35(1)(a)
After "29", insert "or 29A".
9 Subsection 39(1) (note)
After "Note", insert "1".
10 At the end of subsection 39(1) (after the note)
Add:
Note 2: If there is an unexplained wealth order that relates to a restraining order under section 20A, the court may also order the Official Trustee to pay an amount equal to the unexplained wealth amount out of property covered by the restraining order: see section 282A.
11 At the end of section 45
Add:
(7) To avoid doubt, this section does not apply to a * restraining order made under section 20A.
Note: The heading to section 45 is altered by inserting " certain " before " restraining ".
12 At the end of Division 6 of Part 2 - 1
Add:
45A Cessation of restraining orders relating to unexplained wealth
(1) A * restraining order made under section 20A ceases to be in force if, within 28 days after the order was made, no application for an * unexplained wealth order has been made in relation to the * suspect to whom the restraining order relates.
(2) A * restraining order made under section 20A ceases to be in force if:
(a) an application for an * unexplained wealth order is made in relation to the * suspect to whom the restraining order relates; and
(b) the application is made within 28 days after the making of the restraining order; and
(c) the court refuses to make the unexplained wealth order; and
(d) one of the following applies:
(i) the time for an appeal against the refusal has expired without an appeal being lodged;
(ii) an appeal against the refusal has lapsed;
(iii) an appeal against the refusal has been dismissed and finally disposed of.
(3) A * restraining order made under section 20A ceases to be in force if:
(a) an application for an * unexplained wealth order is made in relation to the * suspect to whom the restraining order relates; and
(b) the application is made within 28 days after the making of the restraining order; and
(c) the court makes the unexplained wealth order; and
(d) either:
(i) the unexplained wealth order is complied with; or
(ii) an appeal against the unexplained wealth order has been upheld and finally disposed of.
(4) If a * restraining order ceases under subsection (1) or (2), the court may , on application by a person with an *interest in the property covered by the restraining order, make any order as to costs it considers appropriate, including costs on an indemnity basis.
13 At the end of Chapter 2
Add:
Part 2 - 6 -- Unexplained wealth orders
179A Simplified outline of this Part
This Part provides for the making of certain orders relating to unexplained wealth.
A preliminary unexplained wealth order requires a person to attend court for the purpose of enabling the court to decide whether to make an unexplained wealth order against the person.
An unexplained wealth order is an order requiring the person to pay an amount equal to so much of the person's total wealth as the person cannot satisfy the court is not derived from certain offences.
Division 1 -- Making unexplained wealth orders
179B Making an order requiring a person to appear
(1) A court with * proceeds jurisdiction may make an order (a preliminary unexplained wealth order ) requiring a person to appear before the court for the purpose of enabling the court to decide whether or not to make an * unexplained wealth order in relation to the person if:
(a) the * DPP applies for an unexplained wealth order in relation to the person; and
(b) the court is satisfied that an * authorised officer has reasonable grounds to suspect that the person's * total wealth exceeds the value of the person's * wealth that was * lawfully acquired; and
(c) any affidavit requirements in subsection (2) for the application have been met.
Affidavit requirements
(2) An application for an * unexplained wealth order in relation to a person must be supported by an affidavit of an * authorised officer stating:
(a) the identity of the person; and
(b) that the authorised officer suspects that the person's * total wealth exceeds the value of the person's * wealth that was * lawfully acquired; and
(c) the following:
(i) the property the authorised officer knows or reasonably suspects was lawfully acquired by the person;
(ii) the property the authorised officer knows or reasonably suspects is owned by the person or is under the * effective control of the person.
The affidavit must include the grounds on which the authorised officer holds the suspicions referred to in paragraphs (b) and (c) .
(3) The court must make the order under subsection (1) without notice having been given to any person if the * DPP requests the court to do so.
179C Application to revoke a preliminary unexplained wealth order
(1) If a court makes a * preliminary unexplained wealth order requiring a person to appear before the court, the person may apply to the court to revoke the order.
(2) The application must be made:
(a) within 28 days after the person is notified of the * preliminary unexplained wealth order; or
(b) if the person applies to the court, within that period of 28 days, for an extension of the time for applying for revocation--within such longer period, not exceeding 3 months, as the court allows.
(4) However, the * preliminary unexplained wealth order remains in force until the court revokes the order.
(5) The court may revoke the * preliminary unexplained wealth order on application under subsection (1) if satisfied that:
(a) there are no grounds on which to make the order at the time of considering the application to revoke the order; or
(b) it is in the public interest to do so; o r
(c) it is otherwise in the interests of justice to do so.
179CA Notice and procedure on application to revoke preliminary unexplained wealth order
(1) This section applies if a person applies under section 179C for revocation of a * preliminary unexplained wealth order.
(2) The applicant may appear and adduce material at the hearing of the application.
(3) The applicant must give the * DPP:
(a) written notice of the application; and
(b) a copy of any affidavit supporting the application.
(4) The * DPP may appear and adduce additional material at the hearing of the application.
(5) The * DPP must give the applicant a copy of any affidavit it proposes to rely on to contest the application.
(6) The notice and copies of affidavits must be given under subsections (3) and (5) within a reasonable time before the hearing of the application.
179D Notice of revocation of a preliminary unexplained wealth order
If a * preliminary unexplained wealth order is revoked under section 179C, the * DPP must give written notice of the revocation to the applicant for the revocation.
179E Making an unexplained wealth order
(1) A court with * proceeds jurisdiction may make an order (an unexplained wealth order ) requiring a person to pay an amount to the Commonwealth if:
(a) the court has made a * preliminary unexplained wealth order in relation to the person; and
(b) the court is not satisfied that the whole or any part of the person's * wealth was not derived from one or more of the following:
(i) an offence against a law of the Commonwealth;
(ii) a * foreign indictable offence;
(iii) a * State offence that has a federal aspect.
(2) The court must specify in the order that the person is liable to pay to the Commonwealth an amount (the person's unexplained wealth amount ) equal to the amount that, in the opinion of the court, is the difference between:
(a) the person's * total wealth; and
(b) the sum of the values of the property that the court is satisfied was not derived from one or more of the following:
(i) an offence against a law of the Commonwealth;
(ii) a * foreign indictable offence;
(iii) a * State offence that has a federal aspect;
reduced by any amount deducted under section 179J (reducing unexplained wealth amounts to take account of forfeiture, pecuniary penalties etc.).
(3) In proceedings under this section, the burden of proving that a person's * wealth is not derived from one or more of the offences referred to in paragraph (1)(b) lies on the person.
(4) To avoid doubt, when considering whether to make an order under subsection (1), the court may have regard to information not included in the application.
(5) To avoid doubt, subsection (3) has effect despite section 317.
(6) Despite subsection (1), the court may refuse to make an order under that subsection if the court is satisfied that it is not in the public interest to make the order.
179EA Refusal to make an order for failure to give undertaking
(1) The court may refuse to make a * preliminary unexplained wealth order or an * unexplained wealth order if the Commonwealth refuses or fails to give the court an appropriate undertaking with respect to the payment of damages or costs, or both, for the making and operation of the order.
(2) The * DPP may give such an undertaking on behalf of the Commonwealth.
If the court refuses to make a * preliminary unexplained wealth order or an * unexplained wealth order, it may make any order as to costs it considers appropriate, including costs on an indemnity basis.
(1) A court that makes an * unexplained wealth order, or any other court that could have made the unexplained wealth order, may make orders ancillary to the order, either when the order is made or at a later time.
(2) A court that makes a * preliminary unexplained wealth order, or any other court that could have made the order, may make orders ancillary to the order, either when the order is made or at a later time.
Division 2 -- Unexplained wealth amounts
179G Determining unexplained wealth amounts
Meaning of wealth
(1) The property of a person that, taken together, constitutes the wealth of a person for the purposes of this Part is:
(a) property owned by the person at any time;
(b) property that has been under the * effective control of the person at any time;
(c) property that the person has disposed of (whether by sale, gift or otherwise) or consumed at any time;
including property owned, effectively controlled, disposed of or consumed before the commencement of this Part.
Meaning of total wealth
(2) The total wealth of a person is the sum of all of the values of the property that constitutes the person's wealth.
Value of property
(3) The value of any property that has been disposed of or consumed, or that is for any other reason no longer available, is the greater of:
(a) the value of the property at the time it was acquired; and
(b) the value of the property immediately before it was disposed of, consumed or stopped being available.
(4) The value of any other property is the greater of:
(a) the value of the property at the time it was acquired; and
(b) the value of the property on the day that the application for the * unexplained wealth order was made.
179H Effect of property vesting in an insolvency trustee
In assessing the value of property of a person, property is taken to continue to be the * person's property if it vests in any of the following:
(a) in relation to a bankruptcy--the trustee of the estate of the bankrupt;
(b) in relation to a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966 --the trustee of the composition or scheme of arrangement;
(c) in relation to a personal insolvency agreement under Part X of the Bankruptcy Act 1966 --the trustee of the agreement;
(d) in relation to the estate of a deceased person in respect of which an order has been made under Part XI of the Bankruptcy Act 1966 --the trustee of the estate.
179J Reducing unexplained wealth amounts to take account of forfeiture, pecuniary penalties etc.
In determining the * unexplained wealth amount specified in an * unexplained wealth order in relation to a person, the court must deduct an amount equal to the following:
(a) the value, at the time of making the order, of any property of the person forfeited under:
(i) a * forfeiture order; or
(ii) an * interstate forfeiture order; or
(iii) a * foreign forfeiture order;
(b) the sum of any amounts payable by the person under:
(i) a * pecuniary penalty order; or
(ii) a * literary proceeds order; or
(iii) an order under section 243B of the Customs Act 1901 ; or
(iv) an * interstate pecuniary penalty order; or
(v) a * foreign pecuniary penalty order.
179K Varying unexplained wealth orders to increase amounts
(1) The court may, on the application of the * DPP, vary an * unexplained wealth order against a person by increasing the * unexplained wealth amount if subsection (2) or (3) applies. The amount of the increase is as specified in subsection (2) or (3).
(2) The * unexplained wealth amount may be increased if:
(a) the value of property of the person forfeited under a * forfeiture order, an * interstate forfeiture order or a * foreign forfeiture order was deducted from the unexplained wealth amount under paragraph 179J(a); and
(b) an appeal against the forfeiture, or against the order, is allowed.
The amount of the increase is equal to the value of the property.
(3) The * unexplained wealth amount may be increased if:
(a) an amount payable under a * pecuniary penalty order, a * literary proceeds order, an order under section 243B of the Customs Act 1901 , an * interstate pecuniary penalty order or a * foreign pecuniary penalty order was deducted from the * unexplained wealth amount under paragraph 179J(b); and
(b) an appeal against the amount payable, or against the order, is allowed.
The amount of the increase is equal to the amount that was payable.
(4) The * DPP's application may deal with more than one increase to the same * unexplained wealth amount.
179L Relieving certain dependants from hardship
(1) The court making an * unexplained wealth order in relation to a person must make another order directing the Commonwealth , once the unexplained wealth order is satisfied, to pay a specified amount to a * dependant of the person if the court is satisfied that:
(a) the unexplained wealth order would cause hardship to the dependant; and
(b) the specified amount would relieve that hardship; and
(c) if the dependant is aged at least 18 years--the dependant had no knowledge of the person's conduct that is the subject of the unexplained wealth order.
(2) The specified amount must not exceed the person's * unexplained wealth amount.
(3) An order under this section may relate to more than one of the person's * dependants.
Division 3 -- How unexplained wealth orders are obtained
179M DPP may apply for an unexplained wealth order
The * DPP may apply for an * unexplained wealth order.
(1) This section sets out the notice requirements if the * DPP has made an application for an * unexplained wealth order.
(2) If a court with * proceeds jurisdiction makes a * preliminary unexplained wealth order in relation to the person, the * DPP must, within 7 days of the making of the order:
(a) give written notice of the order to the person who would be subject to the * unexplained wealth order if it were made; and
(b) provide to the person a copy of the application for the unexplained wealth order, and the affidavit referred to in subsection 179B(2) .
(3) The * DPP must also give a copy of any other affidavit supporting the application to the person who would be subject to the * unexplained wealth order if it were made.
(4) The copies must be given under subsection (3) within a reasonable time before the hearing in relation to whether the order is to be made.
179P Additional application for an unexplained wealth order
(1) The * DPP cannot, unless the court gives leave, apply for an * unexplained wealth order against a person if:
(a) an application has previously been made for an unexplained wealth order in relation to the person; and
(b) the application has been finally determined on the merits.
(2) The court must not give leave unless it is satisfied that:
(a) the * wealth to which the new application relates was identified only after the first application was determined; or
(b) necessary evidence became available only after the first application was determined; or
(c) it is in the interests of justice to give the leave.
179Q Procedure on application and other notice requirements
(1) The person who would be subject to an * unexplained wealth order if it were made may appear and adduce evidence at the hearing in relation to whether the order is to be made.
(2) The person must give the * DPP written notice of any grounds on which he or she proposes to contest the making of the order.
(3) The * DPP may appear and adduce evidence at the hearing in relation to whether an * unexplained wealth order is to be made.
Division 4 -- Enforcement of unexplained wealth orders
179R Enforcement of an unexplained wealth order
(1) An amount payable by a person to the Commonwealth under an * unexplained wealth order is a civil debt due by the person to the Commonwealth.
(2) An * unexplained wealth order against a person may be enforced as if it were an order made in civil proceedings instituted by the Commonwealth against the person to recover a debt due by the person to the Commonwealth.
(3) The debt arising from the order is taken to be a judgment debt.
(4) If an * unexplained wealth order is made against a person after the person's death, this section has effect as if the person had died on the day after the order was made.
179S Property subject to a person's effective control
(1) If:
(a) a person is subject to an * unexplained wealth order; and
(b) the * DPP applies to the court for an order under this section; and
(c) the court is satisfied that particular property is subject to the * effective control of the person;
the court may make an order declaring that the whole, or a specified part, of that property is available to satisfy the unexplained wealth order.
(2) The order under subsection (1) may be enforced against the property as if the property were the * person's property.
(3) A * restraining order may be made in respect of the property as if:
(a) the property were the * person's property; and
(b) there were reasonable grounds to suspect that:
(i) the person had committed an offence against a law of the Commonwealth, a * foreign indictable offence or a * State offence that has a federal aspect;
(ii) the whole or any part of the person's wealth was derived from an offence against a law of the Commonwealth, a foreign indictable offence or a State offence that has a federal aspect.
(4) If the * DPP applies for an order under subsection (1) relating to particular property, the DPP must give written notice of the application to:
(a) the person who is subject to the * unexplained wealth order; and
(b) any person whom the DPP has reason to believe may have an * interest in the property.
(5) The person who is subject to the * unexplained wealth order, and any person who claims an * interest in the property, may appear and adduce evidence at the hearing of the application.
(1) If the court considers that it is appropriate to do so, it may order that the whole, or a specified part, of specified property covered by an order under subsection 179S(1) is not available to satisfy the * unexplained wealth order and may instead be disposed of or otherwise dealt with for the purposes of meeting a person's reasonable legal expenses arising from an application under this Act.
(2) The court may require that a costs assessor certify that legal expenses have been properly incurred before permitting the payment of expenses from the disposal of any property covered by an order under subsection (1) and may make any further or ancillary orders it considers appropriate.
179T Amounts exceeding the court's jurisdiction
(1) If:
(a) a court makes an * unexplained wealth order of a particular amount; and
(b) the court does not have jurisdiction with respect to the recovery of debts of an amount equal to that amount;
the registrar of the court must issue a certificate containing the particulars specified in the regulations.
(2) The certificate may be registered, in accordance with the regulations, in a court having jurisdiction with respect to the recovery of debts of an amount equal to the amount of the relevant order.
(3) Upon registration in a court, the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.
179U Parliamentary supervision
(1) The operation of this Part and section 20A is subject to the oversight of the Parliamentary Joint Committee on the Australian Crime Commission (the Committee ).
(2) The Committee may require the Australian Crime Commission, the Australian Federal Police, the * DPP or any other federal agency or authority that is the recipient of any material disclosed as the result of the operation of this Part to appear before it from time to time to give evidence.
14 After paragraph 202(5)(e)
Insert:
(ea) a document relevant to identifying, locating or quantifying the property of a person, if it is reasonable to suspect that the total value of the person's * wealth exceeds the value of the person's wealth that was * lawfully acquired;
(eb) a document relevant to identifying or locating any document necessary for the transfer of property of such a person;
15 Paragraph 202(5)(f)
Omit "or (e)", substitute "(e), (ea) or (eb)".
16 After section 282
Insert:
282A Direction by a court to the Official Trustee in relation to unexplained wealth orders
(1) A court may, if subsection (2), (3) or (4) applies, direct the * Official Trustee to pay the Commonwealth, out of property that is subject to a * restraining order under section 20A, an amount equal to the * unexplained wealth amount made under an * unexplained wealth order in relation to a person.
(2) The court that makes the * unexplained wealth order may include such a direction in the order if the * restraining order:
(a) has already been made against the person; and
(b) relates to property that constitutes part of the person's * total wealth.
(3) The court that makes the * restraining order may include such a direction in the order if:
(a) the * unexplained wealth order has been made against the person; and
(b) the restraining order is subsequently made:
(i) against the person under section 20A; or
(ii) against property of another person in relation to which an order is in force under section 179S in relation to the unexplained wealth order.
(4) The court that made the * unexplained wealth order or the * restraining order may, on application by the * DPP, make the direction if:
(a) the unexplained wealth order has been made against the person; and
(b) the restraining order has been made:
(i) against the person under section 20A; or
(ii) against property of another person in relation to which an order is in force under section 179S in relation to the unexplained wealth order.
Note: The heading to section 282 is altered by adding at the end " in relation to certain restraining orders ".
17 Subsections 283(1) and 284(1)
After "282", insert "or 282A".
18 Subsection 284(2)
Omit "or * literary proceeds amount", substitute ", * literary proceeds amount or * unexplained wealth amount".
19 Paragraph 284(2)(a)
Omit "or literary proceeds amount", substitute ", literary proceeds amount or unexplained wealth amount".
20 Subsection 285(1)
After "282", insert "or 282A".
21 Subsection 285(2)(a)
Omit "or * literary proceeds order", substitute ", * literary proceeds order or * unexplained wealth order".
22 Subsection 285(2)(b)
Omit "or literary proceeds order", substitute ", literary proceeds order or unexplained wealth order".
23 At the end of section 286
Add:
(3) If the * Official Trustee credits, under this Division, money to the * Confiscated Assets Account as required by section 296 in satisfaction of a person's liability under an * unexplained wealth order, the person's liability under the unexplained wealth order is, to the extent of the credit, discharged.
24 After paragraph 296(3)(f)
Insert:
(fa) the amount referred to in subsection 179R(1);
25 Paragraph 322(1)(c)
Omit all the words from and including "or 168" to and including "proceeds", substitute ", 168 or 179S to satisfy a * pecuniary penalty order, a * literary proceeds order or an * unexplained wealth".
26 Subsection 322(1)
Omit "or 168" (second occurring), substitute ", 168 or 179S".
27 After subsection 322(4)
Insert:
(4A) Despite subsections (2) and (3), in the case of an * unexplained wealth order, or an order under section 179S that relates to an unexplained wealth order, the person may appeal against the targeted order in the same manner as if:
(a) the person had been convicted of one of the following:
(i) an offence against a law of the Commonwealth;
(ii) a * foreign indictable offence;
(iii) a * State offence that has a federal aspect; and
(b) the targeted order were, or were part of, the sentence imposed on the person in respect of the offence.
28 Subsection 335(1)
After "order" (first occurring), insert ", other than a * preliminary unexplained wealth order or an * unexplained wealth order,".
29 At the end of section 335
Add:
Preliminary unexplained wealth orders and unexplained wealth orders
(7) The courts that have proceeds jurisdiction for a * preliminary unexplained wealth order or an * unexplained wealth order are those of any State or Territory with jurisdiction to deal with criminal matters on indictment.
30 Section 336
Omit "or * literary proceeds", substitute ", * literary proceeds or * wealth".
31 Section 336
Omit "or literary proceeds", substitute ", literary proceeds or wealth".
32 After section 336
Insert:
336A Meaning of property or wealth being lawfully acquired
For the purposes of this Act, property or * wealth is lawfully acquired only if:
(a) the property or wealth was lawfully acquired; and
(b) the consideration given for the property or wealth was lawfully acquired.
33 Section 338 (definition of confiscation order )
Omit "or a * literary proceeds order", substitute ", a * literary proceeds order or an * unexplained wealth order".
34 Section 338
Insert:
"lawfully acquired" has a meaning affected by section 336A.
35 Section 338
Insert:
"preliminary unexplained wealth order" , in relation to a person, means an order under section 179B requiring the person to appear before a court.
36 Section 338 (definition of restraining order )
Omit "or 20", substitute "20 or 20A".
37 Section 338
Insert:
"State offence that has a federal aspect" has the same meaning as in the Crimes Act 1914 .
Note: Section 3AA of the Crimes Act 1914 sets out when a State offence has a federal aspect.
38 Section 338 (definition of suspect )
Insert:
"suspect" means:
(a) in relation to a * restraining order (other than a restraining order made under section 20A) or a * confiscation order (other than an * unexplained wealth order)--the person who:
(i) has been convicted of; or
(ii) has been * charged with, or is proposed to be charged with; or
(iii) if the order is a restraining order--is suspected of having committed; or
(iv) if the order is a confiscation order--committed;
the offence or offences to which the order relates; or
(b) in relation to a restraining order made under section 20A or an unexplained wealth order--the person whose * total wealth is suspected of exceeding the value of * wealth that was * lawfully acquired.
39 Section 338
Insert:
"total wealth" , of a person, has the meaning given by subsection 179G(2).
40 Section 338
Insert:
"unexplained wealth amount" , of a person, has the meaning given by subsection 179E(2).
41 Section 338
Insert:
"unexplained wealth order" means an order made under subsection 179E(1) that is in force.
42 Section 338
Insert:
"wealth" , of a person, has the meaning given by subsection 179G(1).
43 Subsection 5(1) (at the end of the definition of pecuniary penalty order )
Add:
; or (c) an unexplained wealth order within the meaning of the Proceeds of Crime Act 2002 .
44 Subparagraph 3(2)(a)(ii)
Omit "or a literary proceeds order", substitute ", a literary proceeds order or an unexplained wealth order".