Crimes Legislation Amendment (Unexplained Wealth and Other Measures) Act 2015 (6 of 2015)

Schedule 1   Unexplained wealth

15   Subsection 179B(2)

Repeal the subsection, substitute:

Effect of restraining orders

(1A) Paragraphs (1)(b) and (c) do not apply if a *restraining order made under section 20A in relation to the person:

(a) is in force; or

(b) has been revoked under section 44.

(1B) If subsection (1A) applies, the court may, in considering making an order under subsection (1), take into account:

(a) an affidavit of an *authorised officer that:

(i) supported the application for the *restraining order made under section 20A; and

(ii) met the requirements of subsection 20A(3); and

(b) any material that an authorised officer or *proceeds of crime authority provided, in the proceedings under section 20A, relating to the requirements of subsection 20A(3); and

(c) any other material that an authorised officer or proceeds of crime authority provides in the proceedings under this section.

This subsection does not limit the court’s power to take other material into account.

Affidavit requirements

(2) An application for an *unexplained wealth order in relation to a person must be supported by an affidavit of an *authorised officer that:

(a) states that the authorised officer suspects that the person’s *total wealth exceeds the value of the person’s *wealth that was *lawfully acquired; and

(b) includes the grounds on which the authorised officer holds that suspicion.