Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 89L

89L Assessment for unexplained wealth order

(1) The
"unexplained wealth" of a person is the amount mentioned in subsection (2) or (3) .

(2) For subsection (1) , the amount may be the amount equivalent to—

(a) the person’s current or previous wealth of which the State has given evidence; less

(b) any of the current or previous wealth mentioned in paragraph (a) that the person proves was lawfully acquired.

(3) Alternatively, for subsection (1) , the amount may be the amount equivalent to the person’s expenditure for a period of which the State has given evidence less the income for that period that the person proves was lawfully acquired.

(4) For subsection (2) , the value of a thing included as current or previous wealth is—

(a) if the wealth has been disposed of, the greater of—

(i) the value when the wealth was acquired; or

(ii) the value immediately before the wealth was disposed of; or

(b) otherwise, the greater of—

(i) the value when the wealth was acquired; or

(ii) the value when the application for the unexplained wealth order was made.

(5) However, the court may—

(a) treat, as the value of the person’s current or previous wealth, the value it would have had if it had been acquired at the time the court decides the application; and

(b) without limiting paragraph (a) , have regard to any decline in the purchasing power of money between the time the current or previous wealth was acquired and the time the court decides the application.

(6) In this section—

"acquired" includes provided or derived.