Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (3 of 2010)

Schedule 1   Unexplained wealth

Part 1   Main amendments

Proceeds of Crime Act 2002

16   After section 282

Insert:

282A Direction by a court to the Official Trustee in relation to unexplained wealth orders

(1) A court may, if subsection (2), (3) or (4) applies, direct the *Official Trustee to pay the Commonwealth, out of property that is subject to a *restraining order under section 20A, an amount equal to the *unexplained wealth amount made under an *unexplained wealth order in relation to a person.

(2) The court that makes the *unexplained wealth order may include such a direction in the order if the *restraining order:

(a) has already been made against the person; and

(b) relates to property that constitutes part of the person's *total wealth.

(3) The court that makes the *restraining order may include such a direction in the order if:

(a) the *unexplained wealth order has been made against the person; and

(b) the restraining order is subsequently made:

(i) against the person under section 20A; or

(ii) against property of another person in relation to which an order is in force under section 179S in relation to the unexplained wealth order.

(4) The court that made the *unexplained wealth order or the *restraining order may, on application by the *DPP, make the direction if:

(a) the unexplained wealth order has been made against the person; and

(b) the restraining order has been made:

(i) against the person under section 20A; or

(ii) against property of another person in relation to which an order is in force under section 179S in relation to the unexplained wealth order.

Note: The heading to section 282 is altered by adding at the end " in relation to certain restraining orders ".