CONFISCATION ACT 1997 - SECT 40F Application for unexplained wealth restraining order
CONFISCATION ACT 1997 - SECT 40F
Application for unexplained wealth restraining order(1) The DPP or an appropriate officer may apply without notice to a court for an unexplained wealth restraining order in respect of property if a police officer suspects on reasonable grounds that—
(a) a person has engaged in serious criminal activity; and
(b) that person has an interest in the property; and
(c) in the case of property located outside Victoria—that serious criminal activity occurred within Victoria; and
(d) the total value of the property that is the subject of the application is $50 000 or more.
(2) The DPP or an appropriate officer may apply without notice to a court for an unexplained wealth restraining order in respect of property if a police officer suspects on reasonable grounds that—
(a) the property was not lawfully acquired; and
(b) either—
(i) the property is located in Victoria; or
(ii) the person who has acquired the property is ordinarily resident in Victoria.
(3) An application under subsection (1) or (2) must be supported by an affidavit of a police officer—
(a) setting out any relevant matters; and
(b) in the case of an application under subsection (1), stating that the police officer suspects that—
(i) a person has engaged in serious criminal activity; and
(ii) that person has an interest in the property; and
(iii) in the case of property located outside Victoria—that serious criminal activity occurred within Victoria; and
(iv) the total value of the property that is the subject of the application is $50 000 or more; and
(c) in the case of an application under subsection (2), stating that the police officer suspects that—
(i) the property was not lawfully acquired; and
(ii) either—
(A) the property is located in Victoria; or
(B) the person who has acquired the property is ordinarily resident in Victoria; and
(d) setting out the grounds on which the police officer has the suspicion referred to in paragraph (b) or (c) (as the case may be).
(4) In addition, an affidavit supporting an application under subsection (2) must identify the person who has or the persons who have an interest in the property suspected of not having been lawfully acquired if that information is known to the police officer at the time of the application.
(5) An application under subsection (1) for an unexplained wealth restraining order does not need to specify a particular offence constituting the serious criminal activity but may specify one or more offences that constitute the serious criminal activity.
(6) For the purposes of this section, property in which a person has an interest includes—
(a) property that is subject to the effective control of the person; and
(b) property that was the subject of a gift from the person to another person regardless of when the gift was made.
(7) An application for a restraining order or a civil forfeiture restraining order in relation to property or an interest in property does not preclude an application for an unexplained wealth restraining order being made in relation to the same property or interest in property.
(8) An application for an unexplained wealth restraining order may be made more than once in respect of the same property or interest in property.
Example
Separate applications under subsections (1) and (2) may be made in respect of the same property or the same interest in property.
(9) An application for an unexplained wealth restraining order in relation to property or an interest in property made on the basis of serious criminal activity does not preclude an application for a further unexplained wealth restraining order being made in relation to other property or another interest in property on the basis of the same serious criminal activity.
S. 40G inserted by No. 79/2014 s. 16.