CONFISCATION ACT 1997 - SECT 40L What must be included in a declaration of interests in restrained property?

CONFISCATION ACT 1997 - SECT 40L

    (1)     A person who has been given a notice under section 40K must provide a written declaration in relation to each item of property specified to be restrained in the unexplained wealth restraining order that states whether that person—

        (a)     has an interest in the item of property; and

        (b)     believes that any other person has an interest in the item of property.

    (2)     If the person making the declaration of interests in restrained property states that the person has an interest in an item of property, the person must also state in the declaration the nature and extent of that interest, including—

        (a)     in relation to a mortgage, the current value of the debt secured by the mortgage; and

        (b)     in relation to any security interest other than a mortgage, the current value of the debt secured by the interest in the property.

    (3)     If the person making the declaration of interests in restrained property believes that any other person has an interest in the property, the person making the declaration must state to the best of his or her knowledge the name and address of every other person who has an interest in the property.

Notes

1     An interest in property is defined in section 3(1) as meaning—

(a)     a legal or equitable estate or interest in the property; or

(b)     a right, power or privilege over, or in connection with, the property.

2     The nature of an interest in land, for example, may be an interest in fee simple, a leasehold interest or a security interest such as a mortgage.

3     The extent of an interest, for example, may be the whole of the property or some lesser specified interest, such as a half-interest as a tenant in common.

S. 40M inserted by No. 79/2014 s. 16.