CONFISCATION ACT 1997 - SECT 40S Determination of application for exclusion from unexplained wealth restraining order

CONFISCATION ACT 1997 - SECT 40S

    (1)     On an application under section 40R, the court may make an order excluding the applicant's interest in property from the operation of the unexplained wealth restraining order if the court is satisfied that the property was lawfully acquired by the applicant.

    (2)     For the purposes of this section, the applicant's interest in property is presumed not to have been lawfully acquired unless the applicant proves otherwise.

    (3)     An order under subsection (1) made in respect of an interest in property excludes the interest in property from the unexplained wealth restraining order with effect from—

        (a)     30 days after the date of the order; or

        (b)     such later date as the court sees fit.

    (4)     If the court makes an order under subsection (1) the court may also make an order declaring the nature, extent and value of the applicant's interest in the property.

S. 40T inserted by No. 79/2014 s. 16.