(1) This chapter enables proceedings to be started to confiscate property
derived from illegal activity whether or not a person who engaged in the
relevant activity has been convicted of any offence.
(2) Also, this chapter
enables proceedings to be taken to confiscate property derived from a
serious crime related activity even though the person who engaged in the
relevant activity has not been identified.
(3) The chapter enables the
Supreme Court, as a preliminary step, to make a restraining order preventing
property, whether the property of the person who engaged in the relevant
illegal activity or the serious crime derived property of someone else, being
dealt with without the court’s leave.
(4) The court must make a forfeiture
order confiscating the property (unless it is not in the public interest to
make the order) if it finds it is more probable than not that—
(5) The court may also make a proceeds assessment order against a
person who has engaged in a serious crime related activity, requiring the
person to pay to the State the amount the court decides is the value of
proceeds derived from the person’s illegal activity over a period of up to 6
years before the application for the order is made.
(6) The chapter also
enables the court to make an unexplained wealth order against a person,
requiring the person to pay to the State an amount worked out under
section 89L(2) or (3) .
(7) The amount payable under the proceeds assessment
order or unexplained wealth order may be recovered as a debt payable to the
State.
(8) The chapter contains other ancillary provisions including
provisions giving persons opportunities to have lawfully acquired property
excluded from the effect of restraining orders and forfeiture orders.
