Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-6 - UNEXPLAINED WEALTH ORDERS  

Division 2 - Unexplained wealth amounts  

SECTION 179K   Varying unexplained wealth orders to increase amounts  

179K(1)    

The court may, on the application of the *responsible authority, vary an *unexplained wealth order against a person by increasing the *unexplained wealth amount if subsection (2) or (3) applies. The amount of the increase is as specified in subsection (2) or (3).

179K(2)    
The *unexplained wealth amount may be increased if:

(a) the value of property of the person forfeited under a *forfeiture order, an *interstate forfeiture order or a *foreign forfeiture order was deducted from the unexplained wealth amount under paragraph 179J(a) ; and

(b) an appeal against the forfeiture, or against the order, is allowed.

The amount of the increase is equal to the value of the property.

179K(3)    
The *unexplained wealth amount may be increased if:

(a) an amount payable under a *pecuniary penalty order, a *literary proceeds order, an order under section 243B of the Customs Act 1901 , an *interstate pecuniary penalty order or a *foreign pecuniary penalty order was deducted from the *unexplained wealth amount under paragraph 179J(b) ; and

(b) an appeal against the amount payable, or against the order, is allowed.

The amount of the increase is equal to the amount that was payable.

179K(4)    

The *responsible authority's application may deal with more than one increase to the same *unexplained wealth amount.