Western Australian Current Acts Western Australian Current Acts (1) On hearing an
application under section 11(1), the court must declare that the respondent
has unexplained wealth if it is more likely than not that the total value of
the respondent’s wealth is greater than the value of the
respondent’s lawfully acquired wealth.
(2) Any property,
service, advantage or benefit that is a constituent of the respondent’s
wealth is presumed not to have been lawfully acquired unless the respondent
establishes the contrary.
(3) Without limiting
the matters to which the court may have regard, for the purpose of deciding
whether the respondent has unexplained wealth, the court may have regard to
the amount of the respondent’s income and expenditure at any time or at
all times.
(4) When making a
declaration, the court is to —
(a)
assess the value of the respondent’s unexplained wealth in accordance
with section 13; and
(b)
specify the assessed value of the unexplained wealth in the declaration.
(5) The court may make
any necessary or convenient ancillary orders.
[Section 12 amended: No. 10 of 2018 s. 29.]