New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 28A

28A Making of unexplained wealth order

(1) The Commission may apply to the Supreme Court for an unexplained wealth order requiring a person to pay to the Treasurer an amount assessed by the Court as the value of the unexplained wealth of the person.

(2) The Supreme Court must make an unexplained wealth order against a person if the Court finds there is a reasonable suspicion--

(a) the person has, before the day the application is made--

(i) engaged in a serious crime related activity, or

(ii) acquired serious crime derived property from another person's serious crime related activity, whether or not the person knew or suspected the property was derived from illegal activities, or

(b) the person's current or previous wealth exceeds the value of the person's lawfully acquired wealth by--

(i) for money--$250,000, or

(ii) otherwise--$2,000,000.

(3) A finding under this section need not be based on a reasonable suspicion as to the commission of a particular offence and can be based on a reasonable suspicion that some offence or other constituting a serious crime related activity was committed.

(4) The Supreme Court may refuse to make an unexplained wealth order, or may reduce the amount that would otherwise be payable as assessed under section 28B, if it thinks it is in the public interest to do so.

(5) Engagement in a serious crime related activity or the acquisition of serious crime derived property referred to in subsection (2) extends to engagement in an activity or the acquisition of property before the commencement of this section.

(6) An amount payable under an unexplained wealth order must not be taken into account in determining a person's entitlement to legal aid under the Legal Aid Commission Act 1979 .