• Specific Year
    Any

CONFISCATION ACT 1997 - SECT 40ZD Determination of application for exclusion from unexplained wealth forfeiture

CONFISCATION ACT 1997 - SECT 40ZD

Determination of application for exclusion from unexplained wealth forfeiture

    (1)     On an application made under section 40ZC, the court may make an order excluding the applicant's interest in property from the operation of unexplained wealth forfeiture 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)     The evidentiary requirements specified in section 40T apply to a hearing of an application for an exclusion order under this section.

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

Part 5—Effect of forfeiture