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CONFISCATION ACT 1997 - SECT 40N What must be included in a declaration by an owner of property?

CONFISCATION ACT 1997 - SECT 40N

What must be included in a declaration by an owner of property?

    (1)     Subject to subsection (2), a person who has been given a notice under section 40M must provide a written declaration of property interests that states the following information—

        (a)     particulars of any sources of income of the person, including bequests;

        (b)     any bank or building society accounts held by the person, whether solely or jointly;

        (c)     any real property in which the person holds an interest;

        (d)     any unit trusts, ledgers, shares or debentures in which the person holds an interest;

        (e)     the amount of any cash held by the person, including cash held as virtual currency, and the source of the cash;

        (f)     any motor vehicles, boats, works of art, livestock or jewellery owned by the person that have an individual value of $5000 or more;

        (g)     any safe deposit boxes held by the person;

        (h)     any charge and credit cards held by the person;

              (i)     any accounts held by the person for the purposes of gambling;

        (j)     any trusts in which the person has a beneficial interest;

        (k)     any transfers of property made by the person to another person in the previous 6 years if the total value of those transfers is $50 000 or more;

        (l)     any transfers of property to the person made by another person in the previous 6 years if the total value of those transfers is $50 000 or more.

    (2)     In addition, if a notice under section 40M is given to a person in place of a notice under section 40K, the declaration must include any statement required under section 40L.

Note

Section 40M(3)(a) provides that a notice under section 40M may be given to a person in place of a notice under section 40K.

S. 40O inserted by No. 79/2014 s. 16.