Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 58

58 .         Court and CCC powers when making examination order

        (1)         The court or the CCC may order a person to submit to an examination about any or all of the following —

            (a)         the nature, location and source of frozen property;

            (b)         the nature, location and source of property that is not frozen, but is suspected on reasonable grounds of being confiscable;

            (c)         the wealth, liabilities, income and expenditure of a person who has been convicted of a confiscation offence;

            (d)         the wealth, liabilities, income and expenditure of a person who is suspected on reasonable grounds of being involved or of having been involved in the commission of a confiscation offence;

            (e)         the wealth, liabilities, income and expenditure of a person who has, or is suspected on reasonable grounds of having, unexplained wealth;

            (f)         the wealth, liabilities, income and expenditure of a declared drug trafficker;

            (g)         the nature, location and source of any property-tracking documents.

        (2)         The examination order may do any or all of the following —

            (a)         require the person to give to the court or the CCC, as the case requires, any documents (including property-tracking documents) or information in the person’s possession or control about the property described in the order;

            (b)         require the person to give to the court or the CCC, as the case requires, any documents (including property-tracking documents) or information in the person’s possession or control about the person’s wealth, liabilities, expenditure or income;

            (c)         require the person to give to the court or the CCC, as the case requires, any documents (including property-tracking documents) or information in the person’s possession or control about another person’s wealth, liabilities, expenditure or income;

            (d)         require the person to give to the court or the CCC, as the case requires, any information in the person’s possession or control that could help to locate, identify or quantify any property, property-tracking documents, other documents or information referred to in subsection (1);

            (e)         require the person to give any required information by affidavit, or require the person to attend the court or before the CCC at a place specified in the order, as the case requires, for examination, or both;

            (f)         give any directions, or make any ancillary orders, that are necessary or convenient for giving effect to the examination order or for ensuring that the person complies with the order.

        [Section 58 amended: No. 10 of 2018 s. 46.]