CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 89G Making of unexplained wealth order

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 89G

89G Making of unexplained wealth order

(1) The Supreme Court must, on an application under section 89F , make an unexplained wealth order against a person if it is satisfied there is a reasonable suspicion that—

(a) the person—

(i) has engaged in 1 or more serious crime related activities; or

(ii) has acquired, without giving sufficient consideration, serious crime derived property from a serious crime related activity of someone else, whether or not the person knew or suspected the property was derived from illegal activity; and

(b) any of the person’s current or previous wealth was acquired unlawfully.

(2) However, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order.

(3) A finding of the court under subsection (1) (a) —

(a) need not be based on a reasonable suspicion that a particular offence was committed; and

(b) may be based on a reasonable suspicion that some offence that is a serious crime related activity was committed.

(4) The court may not make an unexplained wealth order on an application that relates only to external serious crime related activity unless it is satisfied that no action has been taken under a law of the Commonwealth or any other place outside Queensland, including outside Australia, in relation to the proceeds of the external serious crime related activity.

(5) For subsection (4) , an affidavit by an appropriate officer that includes a statement that the officer has made due enquiry and is satisfied that no action has been taken under a law of the Commonwealth or any place outside Queensland, including outside Australia, against any property in relation to the proceeds of the external serious crime related activity is proof, in the absence of evidence to the contrary, of the matters contained in the affidavit.

(6) The court may make the ancillary orders the court considers appropriate when it makes the unexplained wealth order or at a later time.