Victorian Numbered Acts

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CONFISCATION AMENDMENT (UNEXPLAINED WEALTH) ACT 2024 (NO. 26 OF 2024) - SECT 38

Application for production order—unexplained wealth

    (1)     In section 100A(1) of the Confiscation Act 1997

        (a)     in paragraph (b), for "acquired." substitute "acquired; or";

        (b)     after paragraph (b) insert

    "(c)     the person's wealth is suspected to exceed the person's lawfully acquired wealth.".

    (2)     For section 100A(2)(a) and (b) of the Confiscation Act 1997 substitute

    "(a)     stating that the person is suspected of—

              (i)     having engaged in serious criminal activity; or

              (ii)     having acquired property unlawfully; or

              (iii)     having wealth that exceeds the person's lawfully acquired wealth; and

        (b)     stating that the police officer suspects that the person against whom the order is sought has possession or control of a property‑tracking document or property‑tracking documents in relation to—

              (i)     the serious criminal activity; or

              (ii)     the unlawful acquisition of wealth; or

              (iii)     the person's wealth exceeding the person's lawfully acquired wealth; and".



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