Victorian Current Acts

CONFISCATION ACT 1997 - SECT 40IA

    (1)     On an application under section 40F(2A) for an unexplained wealth restraining order, the court must make an unexplained wealth restraining order if it is satisfied that, having regard to the matters set out in section 40ZAAC—

        (a)     the deponent of the affidavit supporting the application does suspect that—

              (i)     a person has wealth that exceeds their lawfully acquired wealth; and

              (ii)     the total value of the wealth that is not lawfully acquired is $200 000 or more; and

              (iii)     the person has an interest in the property sought to be restrained; and

        (b)     there are reasonable grounds for the suspicion referred to in paragraph (a).

    (2)     For the purposes of subsection (1), it does not matter whether the police officer has a reasonable suspicion that the person referred to in paragraph (a)(i) has engaged in serious criminal activity.

Note

The court may order that an application for an unexplained wealth restraining order be heard in closed court. See Part 5 of the Open Courts Act 2013 .

S. 40J inserted by No. 79/2014 s. 16.