Page 2161 - Week 07 - Thursday, 20 August 2020

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Part 6A Confiscation of Criminal Assets Act 2003

27A Meaning of exclusion order

Section 72, definition of exclusion order, paragraph (a)

after

forfeited

insert

or used to satisfy an unexplained wealth order

27B Effect of exclusion order

Section 74 (b)

after

forfeited

insert

or used to satisfy an unexplained wealth order

27C Exclusion orders—application

Section 75

after

forfeited

insert

or used to satisfy an unexplained wealth order

27D New section 77A

insert

77A Making of exclusion orders—unexplained wealth

(1) This section applies to an application for an exclusion order for property if—

(a) an unexplained wealth restraining order has been applied for in relation to the property; or

(b) the property has been restrained under an unexplained wealth restraining order.

(2) If the application is made by the person in relation to whom the unexplained wealth restraining order has been made or is sought (the relevant person), the relevant court must not make an exclusion order for the property unless the court is satisfied that the property—

(a) was lawfully acquired by the relevant person; and

(b) is not tainted property in relation to any offence against a territory law, or a law of the Commonwealth, a State, another Territory or a foreign country; and

Note For the meaning of in relation to, see dict.

(d) does not have evidentiary value in any criminal proceeding.

(3) If the application is made by someone other than the relevant person, the court must not make an exclusion order for the property unless it is satisfied that—

(a) the applicant has an interest in the property; and

Note For the meaning of interest, see the Legislation Act, dict, pt 1.

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