PART 9Unexplained wealth Division 1Interpretation of Part 80Interpretation (1) In this Part – at risk of forfeiture, in relation to property – see section 82(1) ; document production order means an order under section 97 ; effective control, of property – see section 81 ; examination order means an order under section 92 ; financial organisation includes – (a) a financial institution; and (b) a person who carries on State banking within the meaning of section 51(xiii) of the Constitution of the Commonwealth; and (c) a body corporate that is, or had it been incorporated in Australia would be, a trading corporation within the meaning of section 51 (xx) of the Constitution of the Commonwealth ; and (d) a person who, as part of his or her business, holds property in trust for another person; forfeitable property declaration means a declaration under section 151(1) ; forfeited property means property that – (a) is transferred to the State under section 146(1) to satisfy an unexplained wealth declaration; or (b) is the subject of a wealth forfeiture order; give, in relation to property, includes transfer for consideration that is significantly less than the market value of the property at the time of transfer; interim wealth-restraining order means an order under section 116(3) ; lawfully acquired – see section 84 ; monitoring order means an order under section 103 ; proceeds, in relation to the sale of property, means the value of the property calculated in accordance with section 158 ; Recorder has the same meaning as in the Land Titles Act 1980 ; Register has the same meaning as in the Land Titles Act 1980 ; respondent, in respect of an unexplained wealth declaration, means the person against whom the declaration is made; restrained property means property that is subject to a wealth-restraining order; specified restraining order means an interim wealth-restraining order or a wealth-restraining order; suspension order means an order under section 105 ; unexplained wealth liability – see section 143 ; unexplained wealth proceedings means any proceedings under this Part; wealth forfeiture order means an order under section 152 ; wealth-restraining order means an order under section 118 . (2) In this Part, a reference to reasonable living and business expenses does not include a reference to any legal expenses mentioned in section 193 . 81Meaning of effective control (1) For the purposes of this Part, a person has effective control of property if, although the person may not have a legal interest in the property, the property is – (a) directly or indirectly subject to the control of the person; or (b) held for the ultimate benefit of the person. (2) Without limiting subsection (1) , when determining whether or not a person has effective control of any property, the following matters may be taken into account: (a) any shareholdings in, debentures over or directorships of any corporation that has a direct or indirect interest in the property; (b) any trust that has a relationship to the property; (c) family, domestic and business relationships between persons having an interest in – (i) the property; or (ii) a corporation that has a direct or indirect interest in the property; or (iii) a trust that has a relationship to the property; (d) any other relevant matters. 82When property is at risk of forfeiture or taken to be property of a person (1) For the purposes of this Part, property is at risk of forfeiture under this Part if the property is owned or effectively controlled, or has at any time been given away, by a person who has unexplained wealth. (2) For the purposes of this Part, property is taken to be the property of a person if the property is owned or effectively controlled by the person. 83Dealing with land under this Part (1) A notice, declaration, order or instrument made under this Part in respect of land is taken to be a dealing, within the meaning of the Land Titles Act 1980 , in respect of that land. (2) Any dealing lodged under the Land Titles Act 1980 in respect of land for the purposes of this Part (an unexplained wealth dealing) has priority over any other dealing lodged or registered under that Act in respect of the land regardless of whether or not the other dealing was lodged, or registered, before the unexplained wealth dealing. (3) The Recorder may determine the form or content of any thing lodged with the Recorder under this Part. 84Meaning of lawfully acquired (1) For the purposes of this Part, property or a benefit is lawfully acquired only if – (a) the property or benefit was acquired in a legal manner; and (b) the property or benefit, or each part of the property or benefit, was lawfully acquired property in the hands of the person from whom it was acquired; and (c) any consideration given for the property or benefit was lawfully acquired; and (d) any obligation in relation to the acquisition of the property or benefit is, or has been, satisfied by lawfully acquired means. (2) For the purposes of this Part, property that is given to a person as a gift, or has been bequeathed to a person, is only lawfully acquired property of the recipient if it was lawfully acquired property of the donor. 85Presumption that wealth is not lawfully acquired For the purposes of this Part, any property or benefit that is a constituent of a person’s wealth is presumed not to have been lawfully acquired by the person unless the person proves otherwise. Division 2Investigation and search Subdivision 1Preliminary inquiries into unexplained wealth 86Information volunteered by financial organisations A financial organisation may provide information to the DPP about a transaction that involves the organisation if the organisation suspects, on reasonable grounds, that the information may be of assistance, at any time – (a) to the DPP in commencing or investigating unexplained wealth proceedings in respect of a person; or (b) to the Supreme Court in deciding whether or not to make an unexplained wealth declaration; or (c) in any unexplained wealth proceedings. 87Notice to financial organisations to provide information (1) The DPP, by written notice, may require a financial organisation, or an officer of a financial organisation, to do one or more of the following in respect of unexplained wealth proceedings or to assist in deciding whether or not to apply for any order, declaration or warrant in relation to unexplained wealth under this Act: (a) provide all information the organisation has about whether or not a person specified in the notice holds an account with the organisation; (b) provide all information the organisation has about whether or not an account, or deposit box, described in the notice is held with the organisation; (c) identify each account, or deposit box, held with the organisation, if any, that may be relevant to unexplained wealth proceedings, or persons, specified in the notice; (d) identify the holder of an account or deposit box, specified or described in the notice, held with the organisation; (e) provide all information the organisation has about the existence of any other kind of transaction between the organisation and a person specified in the notice; (f) provide all information the organisation has about whether or not a person described in the notice has applied to the organisation to open an account, borrow money or enter into any other type of transaction or arrangement with the organisation; (g) if a transaction or arrangement mentioned in paragraph (e) or (f) has taken place, is taking place or is to take place, give the particulars, as specified in the notice, in respect of the transaction or arrangement. (2) In complying with a notice under subsection (1) , a financial organisation must – (a) provide the details in writing; and (b) indicate the balance of any relevant account and whether the account is current or closed. (3) Service of a notice under subsection (1) on the financial organisation may be effected personally, by post, by facsimile transmission, by electronic means or by any other prescribed means. (4) Any record, information, material or thing obtained by the DPP under this section may be used for the purposes of unexplained wealth proceedings or to assist in deciding whether or not to apply for any order, declaration or warrant in relation to unexplained wealth under this Act. (5) A financial organisation must comply with a requirement of a notice under subsection (1) within – (a) 7 days of receipt of the notice; or (b) such longer period as is specified in the notice. Penalty: Fine not exceeding 5 000 penalty units.
88Notice to other organisations to provide information (1) In this section, a reference to an organisation is a reference to – (a) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995 ; or (b) an organisation that has a legislative requirement to comply with Treasurer’s Instructions issued under section 114 of the Government Business Enterprises Act 1995 ; or (c) any other organisation, or class of organisations, prescribed for the purposes of this section. (2) The DPP, by written notice, may require an organisation, or an officer of an organisation, to do one or more of the following in respect of unexplained wealth proceedings or to assist in deciding whether or not to apply for any order, declaration or warrant in relation to unexplained wealth under this Act: (a) provide the DPP with any information or explanation the DPP requests; (b) monitor any interaction between the organisation and a person, or any dealing with a thing, specified in the notice, and provide the DPP with all information in respect of that interaction or dealing as soon as practicable after a person with knowledge of the notice becomes aware of the interaction or dealing; (c) produce to the DPP any record, information, material or thing in the custody or possession, or under the control, of the organisation. (3) Under subsection (2) , the DPP may require – (a) information, an explanation or an answer to a question to be given orally or in writing, as the DPP requires; and (b) an officer of the organisation to – (i) verify the information, explanation or answer to a question; or (ii) give an oath or affirmation that the information, explanation or answer is true. (4) In respect of any record, information, material or thing produced under subsection (2) , the DPP may – (a) inspect and take copies of, or take extracts from, any such record, information, material or thing; and (b) require or direct any person to give such assistance as may be required. (5) Service of the notice on the organisation may be effected personally, by post, by facsimile transmission, by electronic means or by any other prescribed means. (6) Any record, information, material or thing obtained by the DPP under this section may be used for the purposes of unexplained wealth proceedings or to assist in deciding whether or not to apply for any order, declaration or warrant in relation to unexplained wealth under this Act. (7) An organisation must comply with a requirement of a notice under subsection (2) within – (a) 7 days of receipt of the notice; or (b) such longer period as is specified in the notice. Penalty: Fine not exceeding 5 000 penalty units.
89Protection for organisations that provide information, &c. (1) This section applies to the following organisations: (a) a financial organisation – (i) providing information under section 86 ; or (ii) complying with a notice under section 87 ; (b) an organisation complying with a notice under section 88 . (2) To the extent that an organisation to which this section applies, or an officer of such an organisation, provides information, or complies with a notice, in good faith – (a) the organisation, or the officer of the organisation, does not incur any civil or criminal liability in respect of the provision of the information or compliance with the notice; and (b) the organisation, or the officer of the organisation, cannot be held to have done any of the following in respect of the provision of the information or compliance with the notice: (i) breached any code of professional etiquette or ethics; (ii) departed from any accepted standard of professional conduct; (iii) contravened any Act. 90Giving false or misleading information (1) An organisation, or an officer of an organisation, must not knowingly – (a) provide false or misleading information under section 86 ; or (b) provide false or misleading information in purported compliance with a notice under section 87 ; or (c) provide false or misleading records, information, materials or things in purported compliance with a notice under section 88 . Penalty: Fine not exceeding 5 000 penalty units.
(2) Subsection (1) does not apply to an organisation, or an officer of an organisation, if, at the time the organisation or officer provides the information, record, material or thing, or as soon as practicable after becoming aware that the information, record, material or thing is false or misleading, the organisation or officer – (a) informs the DPP that the information, record, material or thing is false or misleading; and (b) indicates the respects in which it is false or misleading; and (c) provides the DPP with any correct information, record, material or thing that is in the possession or control of the organisation or officer; and (d) provides the DPP with any information the organisation or officer has concerning who had access to the information, record, material or thing that is false or misleading. Subdivision 2Examinations 91Applications for examination orders (1) The DPP may apply to the Supreme Court for an order for the examination of a person under this Subdivision. (2) An application under subsection (1) may be made ex parte. 92Examination orders (1) On hearing an application under section 91 , the Supreme Court may make an order for a person to be examined under this Subdivision if satisfied that the examination is relevant to assessing whether or not another person’s wealth is lawfully acquired. (2) An examination order may specify that the person to be examined under the examination order (the person to be examined) must submit to an examination about one or more of the following: (a) the wealth, liabilities, income and expenditure of another person who has, or is suspected on reasonable grounds of having, wealth that is not lawfully acquired; (b) the nature, location and source of any property-tracking documents; (c) any ancillary matters, including the wealth, liabilities, income and expenditure of the person to be examined, if relevant to assessing whether or not another person’s wealth is lawfully acquired or the extent of another person’s wealth. (3) An examination order may specify one or more of the following: (a) that the person to be examined is to give to the Supreme Court any documents (including property-tracking documents) or information, in his or her possession or control, about property specified or described in the examination order; (b) that the person to be examined is to give to the Supreme Court any documents (including property-tracking documents) or information, in his or her possession or control, about the wealth, liabilities, income or expenditure of another person specified or described in the examination order; (c) that the person to be examined is to give to the Supreme Court any documents (including property-tracking documents) or information, in his or her possession or control, about his or her wealth, liabilities, income or expenditure if relevant to assessing whether or not another person’s wealth is lawfully acquired or the extent of another person’s wealth; (d) that the person to be examined is to give to the Supreme Court any information in his or her possession or control that may help to locate, identify or quantify any – (i) property, or property of a class, specified or described in the examination order; or (ii) property-tracking documents, or other documents or information, specified or described in the examination order; (e) that the person to be examined is to do either or both of the following: (i) give any information, required under the examination order, by affidavit; (ii) attend the Supreme Court for the examination; (f) any directions, or ancillary orders, that are necessary or convenient for giving effect to the examination order or for ensuring compliance with the examination order. (4) Before an examination is conducted under an examination order, or in the course of the examination, the Supreme Court may do anything it considers necessary or expedient to give effect to the examination order, or to ensure compliance with the examination order, while having regard to the purpose of the examination. 93Service of examination orders (1) The DPP must arrange for a copy of an examination order to be served personally on the person to be examined under the examination order. (2) Unless the Supreme Court specifies otherwise, a copy of the examination order is not to be served on anyone except the person to be examined under the examination order. 94Complying with examination orders (1) If an owner of restrained property is to be examined under an examination order, the owner must comply with – (a) the examination order; and (b) any requirements made as part of an examination held under the examination order. Penalty: Fine not exceeding 1 000 penalty units or an amount equal to the value of the property, whichever is greater, or imprisonment for a term not exceeding 5 years, or both.
(2) In addition to subsection (1) , if an owner of restrained property is to be examined under an examination order and fails to comply with the examination order, or any requirements made as part of an examination held under the examination order – (a) the owner is not entitled to file under Division 4 an objection to the restraint of the property; and (b) if the owner has already filed an objection under Division 4 , the objection is of no effect. (3) A person to be examined under an examination order, other than a person to whom subsection (1) applies, must comply with – (a) the examination order; and (b) any requirements made as part of an examination held under the examination order. Penalty: Fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years, or both.
(4) Without limiting the generality of subsection (1) , (2) or (3) , a person fails to comply with the examination order if – (a) the person fails to disclose material information that the person was aware, or could reasonably have been expected to have been aware, was material; or (b) the person gives information or a document that is false or misleading, in purported compliance with the examination order, that the person was aware, or could reasonably have been expected to have been aware, was false or misleading. (5) Subsection (4)(b) does not apply to a person if, at the time the person gives the information or a document or as soon as practicable after becoming aware that the information or document given is false or misleading, the person – (a) informs the DPP that the information or document is false or misleading; and (b) indicates the respects in which it is false or misleading; and (c) gives the DPP any correct information that is in the person’s possession or control; and (d) provides the DPP with any information the person has concerning who had access to the information or document that is false or misleading. (6) A person is not excused from complying with an examination order, or any requirements made as part of an examination held under the examination order, on the grounds that complying – (a) would tend to incriminate the person or expose him or her to a penalty; or (b) may result in the forfeiture of property; or (c) would be in breach of an obligation on the person not to disclose information, or not to disclose the existence or contents of a document, whether the obligation arose under an Act or otherwise. (7) A statement or disclosure made by a person in the course of complying with an examination order is only admissible as evidence against the person in any of the following proceedings: (a) a proceeding against the person for an offence against this section; (b) any civil proceeding; (c) any proceeding under this Act that may lead to the forfeiture of property owned, effectively controlled or given away by the person, but only for the purpose of facilitating the identification of such property. (8) Despite subsection (7) , the transcript of an examination of a person under an examination order is admissible in any proceedings under this Act or under any other law in force in the State as evidence of a statement or disclosure made by the person in the course of complying with the examination order. 95Conduct of examinations (1) In this section – judicial officer means a person having authority by law to hear and determine any question or matter, or to hold any inquiry, necessary for proceedings in the Supreme Court. (2) An examination under an examination order is to be held as a proceeding before a judge in chambers or another judicial officer otherwise specified in the examination order. (3) A person to be examined under an examination order must attend the examination and answer any questions asked during the examination personally but is entitled to have an Australian legal practitioner present to give legal advice during the examination. Subdivision 3Production of documents 96Application for document production orders (1) The DPP may apply to the Supreme Court for a production order for a property-tracking document. (2) An application under subsection (1) – (a) is to identify – (i) the property-tracking document sought; and (ii) the person or persons who the DPP suspects has possession or control of the document; and (b) may be made ex parte. 97Document production orders (1) On hearing an application under section 96 , the Supreme Court is to make an order in relation to the person or persons to whom the application relates if satisfied that – (a) the property-tracking document is relevant to assessing whether or not another person’s wealth is lawfully acquired; and (b) there are reasonable grounds for suspecting that the document is in the possession or control of a person (the order recipient) specified in the application. (2) A document production order may – (a) require the order recipient to produce the property-tracking document specified in the order; or (b) direct the order recipient – (i) to give the property-tracking document to the DPP; or (ii) to make the property-tracking document available to the DPP for inspection. (3) An order under subsection (1) is to specify the time and place for the document to be produced, given or made available. 98Inspection of property-tracking documents (1) If a property-tracking document is given to the DPP in accordance with a direction under section 97(2)(b)(i) , the DPP may do one or more of the following: (a) inspect the document; (b) take extracts from the document; (c) make copies of the document; (d) retain the document for as long as its retention is reasonably required for the purposes of this Part. (2) If the DPP retains the property-tracking document under subsection (1)(d) , the DPP must, on the request of the person who gave the document to the DPP – (a) permit the person to inspect the document, take extracts from it or make copies of it; or (b) give the person a copy of the document certified by the DPP in writing to be a true copy of the document. (3) If a property-tracking document is made available to the DPP for inspection in accordance with a direction under section 97(2)(b)(ii) , the DPP may do one or more of the following: (a) inspect the document; (b) take extracts from the document; (c) make copies of the document. 99Complying with document production orders (1) A person must not, without reasonable excuse, fail to comply with a document production order.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
(2) A person must not knowingly produce, or make available to the DPP, a document that is false or misleading in a material particular when complying with a document production order.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
(3) Subsection (2) does not apply to a person if, at the time the document is produced or as soon as practicable after becoming aware that a document produced is false or misleading, the person – (a) informs the DPP that the document is false or misleading; and (b) indicates the respects in which it is false or misleading; and (c) gives the DPP any correct information about the document that is in the person’s possession or control; and (d) provides the DPP with any information the person has concerning who had access to the document that is false or misleading. (4) A person is not excused from complying with a document production order on the grounds that complying with the document production order would – (a) tend to incriminate the person or expose him or her to a penalty; or (b) be in breach of an obligation of the person to not disclose the existence or contents of the document, whether the obligation arose under an Act or otherwise. (5) Any information contained in a property-tracking document produced under a document production order, or any statement or disclosure made by a person in the course of complying with a document production order, is only admissible in evidence against the person in any of the following proceedings: (a) a proceeding against the person for an offence against this section; (b) any civil proceeding; (c) any proceeding under this Act that may lead to the forfeiture of property owned, effectively controlled or given away by the person, but only for the purpose of facilitating the identification of such property. 100Variation of document production orders (1) If a document production order requires a person to give a property-tracking document to the DPP, the person may apply to the Supreme Court to vary the document production order so that it requires the person to make the document available to the DPP for inspection. (2) The Supreme Court may vary the document production order accordingly if it finds that the document is essential to the lawful business activities of the person. 101Compliance with document production orders not admissible as evidence in certain circumstances If a person produces a document, or makes a document available, under a document production order – (a) the production or making available of the document; and (b) any information, document or anything else acquired by the DPP as a direct or indirect consequence of the person’s compliance with the document production order – is not admissible against the person in evidence in any criminal proceedings except proceedings for an offence under section 99 . Subdivision 4Monitoring financial transactions 102Applications for monitoring orders (1) The DPP may apply to the Supreme Court for a monitoring order. (2) An application under subsection (1) – (a) is to specify each of the following to which the application relates: (i) the account to be monitored under the monitoring order; (ii) the person whose transactions are to be monitored under the monitoring order; (iii) the financial organisation in respect of which the monitoring order is to be made; and (b) may be made ex parte. 103Monitoring orders On hearing an application under section 102 , the Supreme Court may make a monitoring order, in relation to a financial organisation specified in the application, that requires that financial organisation to give to the DPP information about transactions carried out through an account – (a) specified in the order; or (b) held with the organisation by a person specified in the order. 104Application for suspension orders (1) The DPP may apply to the Supreme Court for a suspension order. (2) An application under subsection (1) – (a) is to specify each of the following to which the application relates: (i) the account or transaction to be suspended under the order; (ii) the person whose transactions are to be suspended under the order; (iii) the financial organisation in respect of which the suspension order is to be made; and (b) may be made ex parte. 105Suspension orders On hearing an application under section 104 , the Supreme Court may make a suspension order, in relation to a financial organisation specified in the application, that requires that financial organisation to do one or more of the following: (a) to notify the DPP immediately of any transaction that has been initiated in connection with an account – (i) specified in the order; or (ii) held with the organisation by a person specified in the order; (b) to notify the DPP immediately if there are reasonable grounds for suspecting that a transaction is about to be initiated in connection with an account – (i) specified in the order; or (ii) held with the organisation by a person specified in the order; (c) to refrain from completing or effecting a transaction referred to in paragraph (a) or (b) for 48 hours. 106Monitoring orders and suspension orders generally (1) The Supreme Court may only make a monitoring order, or suspension order, if satisfied that there are reasonable grounds for suspecting – (a) if a person is to be specified in the order, that the person – (i) has unexplained wealth or is about to be the subject of an unexplained wealth declaration; or (ii) is, or is about to be, the person named in a specified restraining order; or (b) if an account is to be specified in the order, that the account directly, or indirectly, relates to a person who – (i) has unexplained wealth or is about to be the subject of an unexplained wealth declaration; or (ii) is, or is about to be, the person named in a specified restraining order. (2) A monitoring order or suspension order applies to all transactions carried out or to be carried out through – (a) an account held with the organisation by a person specified in the order; or (b) an account specified in the order – during the monitoring period, or suspension period, specified in the order. (3) A monitoring order or suspension order is to specify – (a) the financial organisation to which the order applies; and (b) the name or names in which the account is believed to be held; and (c) the class or type of information that the organisation is required to give; and (d) the manner in which the information is to be given to the DPP; and (e) the period of monitoring, or suspension, in accordance with subsection (4) that does not exceed 3 months. (4) A period of monitoring under a monitoring order or a period of suspension under a suspension order is to commence – (a) on such a day as is specified in the relevant order, being a day after the day on which a copy of the relevant order is served on the financial organisation; or (b) if no such day is specified in the order, on the day on which a copy of the relevant order is served on the financial organisation. (5) Despite subsection (3)(e) , the Supreme Court may – (a) extend a period of monitoring or suspension on as many occasions as the Supreme Court sees fit; and (b) in extending the period under paragraph (a) , enable the period of monitoring or suspension to exceed 3 months from the commencement of the monitoring order or suspension order. 107Compliance with monitoring orders or suspension orders (1) A financial organisation must not knowingly – (a) fail to comply with a monitoring order or suspension order; or (b) provide false or misleading information in purported compliance with the order. Penalty: Fine not exceeding 5 000 penalty units.
(2) Subsection (1)(b) does not apply to an organisation if, at the time the information is provided or as soon as practicable after becoming aware that some or all of the information provided is false or misleading, the organisation – (a) informs the DPP that the information is false or misleading; and (b) indicates the respects in which it is false or misleading; and (c) gives the DPP any correct or relevant information that is in the organisation’s possession or control; and (d) provides the DPP with any information the organisation has concerning who had access to the information that is false or misleading. Subdivision 5Secrecy requirements 108Disclosure not permitted (1) A person must not, except as permitted under section 109 , disclose to another person – (a) the fact that a financial organisation, or an officer of the organisation, intends to give or has given information to the DPP under section 86 ; or (b) the nature of any information given under section 86 ; or (c) the fact that a requirement has been or is to be made by notice, or that an organisation or officer of the organisation has complied, or is to comply, with the notice, under section 87 ; or (d) the content of a notice, or response made to a notice, under section 87 ; or (e) the fact that a requirement has been or is to be made by notice, or that an organisation or officer of the organisation has complied, or is to comply, with the notice, under section 88 ; or (f) the content of a notice, or response made to a notice, under section 88 ; or (g) the fact that the person disclosing the information has been subject to a document production order, examination order, monitoring order or suspension order, in relation to another person’s wealth, liabilities, income or expenditure; or (h) the fact that a person other than the person disclosing the information is or has been subject to, or the subject of, a document production order, examination order, monitoring order or suspension order; or (i) the contents of any document production order, examination order, monitoring order or suspension order; or (j) any information obtained under this Part, or that came to the disclosing person’s knowledge during, or as a result of, an investigation under this Part. Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
(2) Without limiting subsection (1) , a person discloses information in contravention of that subsection if the person – (a) discloses information to another person from which the other person could reasonably be expected to infer information the disclosure of which would contravene subsection (1) ; or (b) makes or keeps a record of any information about a notice, or response, under section 87 , or a requirement or response under section 88 , other than a copy for the person’s own records of the notice or the information provided in response to the notice; or (c) makes or keeps a record of any information about the existence or operation of a document production order, examination order, monitoring order or suspension order, other than a copy for the person’s own records of – (i) an order directed to the person; or (ii) the information provided by the person in response to the order. 109Disclosing information (1) An organisation, or an officer of an organisation, may disclose information to any one or more of the following without contravening section 108 : (a) the DPP, a police officer or a member of the Australian Crime Commission; (b) an officer of the organisation, for the purposes of giving information under section 86 or section 88 ; (c) an officer of the organisation, for the purposes of ensuring that – (i) a requirement of a notice under section 87 is complied with; or (ii) a notice under section 88 is complied with; (d) an Australian legal practitioner, for the purposes of obtaining legal advice in relation to – (i) giving information under section 86 ; or (ii) complying with a notice under section 87 ; or (iii) complying with a notice under section 88 ; (e) an officer of the organisation, for the purposes of ensuring that a document production order, examination order, monitoring order or suspension order is complied with; (f) an Australian legal practitioner, for the purposes of obtaining legal advice in relation to a document production order, examination order, monitoring order or suspension order. (2) An individual who is not acting in the capacity of an officer of an organisation, or in the capacity of an Australian legal practitioner, may disclose information to any one or more of the following without contravening section 108 : (a) the DPP, a police officer or a member of the Australian Crime Commission; (b) an Australian legal practitioner, for the purposes of obtaining legal advice in relation to a document production order, examination order, monitoring order or suspension order. (3) An Australian legal practitioner to whom information is disclosed under subsection (1) or (2) may disclose the information, without contravening section 108 , to a person to whom it may have been disclosed under that subsection for the purpose of giving legal advice in relation to the matter disclosed. (4) Subject to subsection (5) , a person (except an Australian legal practitioner) to whom information is disclosed under subsection (1) or (2) may disclose the information to another person to whom it might have been disclosed under that subsection. (5) If information about a particular matter may only be disclosed under subsection (1) or (2) in particular circumstances or for a particular purpose, a person must not disclose the information under subsection (4) except in those circumstances or for that purpose. (6) A person to whom information about a particular matter is disclosed under this section must not disclose the information to anyone, other than a police officer, the DPP or a member of the Australian Crime Commission, if the person ceases to be a person of a kind to whom the information may be disclosed.Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
Subdivision 6Detention, search and retention 110Power to detain persons (1) A police officer may at any time stop or detain a person if there are reasonable grounds for suspecting that the person has in his or her possession – (a) property that is not lawfully acquired; or (b) property of a person that is named in a specified restraining order; or (c) property that is at risk of forfeiture; or (d) property-tracking documents relating to wealth. (2) In addition to subsection (1) , a police officer may at any time stop or detain a person (the detainee) if there are reasonable grounds for suspecting that another person is holding, on behalf of the detainee – (a) property that is at risk of forfeiture; or (b) property-tracking documents. (3) A police officer may, for the purposes of exercising a power under subsection (1) or (2) , stop or detain any thing being used as a means of transportation. (4) If a police officer stops or detains a person under subsection (1) or (2) , the police officer may – (a) search the person in accordance with this Part; and (b) search any baggage, package, electronic device, animal, vehicle or any other property apparently in the possession or under the control of the person. (5) When exercising his or her powers under this section, a police officer may use any reasonable force and any assistance the police officer thinks reasonable. (6) In this section, a power to stop or detain includes the power to stop and detain. 111Search warrants (1) A police officer may apply to a magistrate or judge for a search warrant authorising a search of any premises or property. (2) An application for a search warrant under this section may be made by telephone or other electronic means and section 15 of the Search Warrants Act 1997 applies, with the necessary modifications, in respect of a warrant that is issued on such an application. (3) A magistrate or judge may issue a search warrant if satisfied, by information on oath, that there are reasonable grounds for suspecting that any property that is suspected of not being lawfully acquired or any property-tracking document – (a) is in or on the premises, or property, that is the subject of the search warrant; or (b) will be in or on the premises, or property, within the next 72 hours. (4) A search warrant issued under this section may authorise a police officer to do one or more of the following, using any reasonable force and with any assistance the police officer thinks reasonable: (a) enter the premises, or property, described in the warrant; (b) search the premises or property; (c) search any baggage, package, electronic device, animal, vehicle or any other property found in or on the premises or property; (d) detain any person in or on the premises or property and search the person in accordance with this Part. (5) A search warrant issued under this section – (a) may be executed at any time of night or day; and (b) subject to section 113 , continues in force for 30 days from the day on which it was issued. (6) If, in the course of executing a search warrant issued under this section – (a) a police officer finds any property that the police officer believes on reasonable grounds to be property that is at risk of forfeiture; and (b) the police officer believes on reasonable grounds that it is necessary to seize that property to prevent its concealment, loss or destruction – the search warrant is taken as authorising the police officer to seize that property. (7) Schedule 1 applies, with the necessary modifications, to a search warrant issued under this section to the extent that the Schedule is not inconsistent with this section. (8) Nothing in this Part limits any other statutory law relating to search warrants. 112Additional powers (1) If a police officer exercises any of his or her powers under section 110 or under a search warrant issued under section 111 , the police officer may do one or more of the following: (a) seize and retain any documents found in the course of exercising those powers if there are reasonable grounds for suspecting that the documents are property-tracking documents; (b) take extracts from or make copies of, or download or print out, any property-tracking documents found in the course of exercising those powers; (c) require a person who has control of any property-tracking documents found in the course of exercising those powers to make copies of, or download or print out, any property-tracking documents found in the course of exercising those powers; (d) require a person to give to the police officer any information within the person’s knowledge or control that is relevant to locating property that is reasonably suspected of being at risk of forfeiture under this Part; (e) require a person to give to the police officer any information within the person’s knowledge or control that is relevant to assessing whether or not property is at risk of forfeiture under this Part; (f) require a person to give the police officer, or arrange for the police officer to be given, any translation, codes, passwords or other information necessary to gain access to or to interpret and understand any property-tracking documents or information located or obtained in the course of exercising the police officer’s powers under the warrant. (2) A person must comply with a requirement imposed on him or her under subsection (1) .Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
(3) Without limiting subsection (2) , a person fails to comply with a requirement under subsection (1) if the person – (a) does not disclose material information of which the person has knowledge, or gives false information, or a false document, in purported compliance with the requirement; and (b) is aware, or could reasonably be expected to be aware, that the information is material or that the information or document is false; and (c) in the case of false information or documents, does not inform the police officer that the information or document is false or is reasonably likely to be false – (i) at the time of giving the information or document; or (ii) as soon as reasonably practicable after becoming aware that the information or document was false or was reasonably likely to be false. (4) A person is not excused from complying with a requirement under subsection (1) on the grounds that complying with the requirement would tend to incriminate the person or expose him or her to a penalty. (5) Any evidence, information, document or thing obtained as a direct or indirect consequence of complying with a requirement under subsection (1) is not admissible in evidence in proceedings against the person for any offence except an offence against subsection (2) . 113Later-produced documents If – (a) a search warrant issued under section 111 enables action to be taken in relation to a document that was in existence at the time that the warrant was issued; but (b) at the time that the search warrant was executed it was physically impossible for the document to be produced – a police officer may take the action in respect of the document when the document becomes available even if the search warrant has by then expired. Division 3Restraining of property Subdivision 1Retention of property generally and interim wealth-restraining order 114Removal of seized or retained property generally A police officer may, at any time, remove property seized under this Division from the place at which it was seized and retain it at another location. 115Retention of property not subject to an order under this Division If there is no specified restraining order in place in respect of property, a police officer may seize, retain or guard property he or she suspects is not lawfully acquired, or arrange for such property to be secured by any other means, for not more than 72 hours. 116Interim wealth-restraining orders (1) The DPP may apply for an interim wealth-restraining order to be made – (a) in respect of the property of a person named in the application; or (b) in respect of the property specified in the application. (2) An application under subsection (1) may be made – (a) to the Magistrates Court or the Supreme Court; and (b) in chambers, by telephone or by electronic means; and (c) ex parte. (3) On hearing an application under subsection (1) , the Magistrates Court or the Supreme Court may make an order specifying – (a) that the property of a person named in the order may be seized, retained or guarded under the order; or (b) that property specified in the order may be seized, retained or guarded under the order. (4) The Magistrates Court or Supreme Court may only make an interim wealth-restraining order under subsection (3) if satisfied that – (a) an application is to be made for a wealth-restraining order, in relation to the property of the person named in the application for the interim wealth-restraining order, as soon as reasonably practicable; and (b) the circumstances justify the making of the interim wealth-restraining order before the application for the wealth-restraining order can be heard. (5) The Magistrates Court may make an interim wealth-restraining order under subsection (3) even though the value of the property specified in, or affected by, the interim wealth-restraining order exceeds the jurisdictional money limit set for the Magistrates Court under the Magistrates Court (Civil Division) Act 1992 . (6) An interim wealth-restraining order has effect until the expiration of 3 days after it was made, excluding any Saturdays, Sundays or statutory holidays as defined in the Statutory Holidays Act 2000 . (7) An interim wealth-restraining order authorises the DPP to seize, retain or guard property affected by the interim wealth-restraining order, or for the property to be secured by other means, for the duration of the interim wealth-restraining order. Subdivision 2Wealth-restraining orders in relation to property 117Applications for wealth-restraining orders (1) The DPP may apply to the Supreme Court for a wealth-restraining order to be made in relation to the property of a person named in the application. (2) An application under subsection (1) may be made ex parte. 118Wealth-restraining orders (1) On hearing an application under section 117(1) , the Supreme Court may make an order in relation to the property of a person named in the application. (2) The Supreme Court may only make a wealth-restraining order in relation to the property of a person named in an application if satisfied that – (a) an unexplained wealth declaration has been made against the person; or (b) an application has been made for – (i) an unexplained wealth declaration to be made against the person; or (ii) a document production order that is likely to result in the disclosure of a document that is evidence that the person owns or effectively controls the property; or (c) the Supreme Court is satisfied that the DPP intends to make an application referred to in paragraph (b) within 21 days after the wealth-restraining order is made. (3) A wealth-restraining order may specify that it applies – (a) to all or any property, or class of property, that is owned or effectively controlled by a person named in the wealth-restraining order at the time of the application, whether or not the property is described or identified in the application; and (b) to all or any property or class of property acquired, after the wealth-restraining order is made, by – (i) a person named in the wealth-restraining order; or (ii) another person at the request or direction of a person named in the wealth-restraining order; and (c) to all or any property that – (i) is retained under section 115 or is the subject of an interim wealth-restraining order; and (ii) is the property of a person named in the wealth-restraining order. 119Wealth-restraining orders to specify grounds If an application is made under section 117 for a wealth-restraining order, the Supreme Court is to – (a) consider each matter that is alleged by the DPP, either in the application or in the hearing of the application, as a ground for making the wealth-restraining order; and (b) if the wealth-restraining order is made, set out in the wealth-restraining order each ground that the Supreme Court finds is a ground on which the wealth-restraining order may be made. 120Non-disclosure of information Despite section 119 , the Supreme Court is not to include information in a wealth-restraining order, if the Court is satisfied that the release of the information may materially prejudice an ongoing investigation by the DPP. 121Scope of wealth-restraining orders As part of proceedings for a wealth-restraining order, the Supreme Court may do any one or more of the following in respect of property that is affected by the wealth-restraining order: (a) if the property is moveable, direct that the property is not to be moved except in accordance with the wealth-restraining order; (b) appoint the Public Trustee or another person to manage the property while the wealth-restraining order is in force; (c) give any directions necessary to provide for the security and management of the property while the wealth-restraining order is in force; (d) provide for the reasonable living and business expenses of the owner of the property to be met while the wealth-restraining order is in force. 122Service of wealth-restraining orders (1) As soon as practicable after a wealth-restraining order is made, the DPP must arrange for a copy of the wealth-restraining order and a notice that complies with subsection (2) to be served personally on each of the following persons: (a) the person named in the wealth-restraining order; (b) if, under the authority of the wealth-restraining order, property is, or has been, taken from a person or is in the custody of a person, that person; (c) any person known to the DPP at the time the wealth-restraining order was made who has, may have or claims to have an interest in property affected by the wealth-restraining order. (2) The notice referred to in subsection (1) must – (a) summarise the effect of the wealth-restraining order, including the period for which it applies; and (b) advise the person on whom the wealth-restraining order and the notice are served – (i) that the property affected by the wealth-restraining order may be forfeited under this Part; and (ii) that, within 28 days after being served with the copy of the wealth-restraining order, the person may file in the Supreme Court an objection to the restraint of the property; and (iii) that the person is required to make and lodge a statutory declaration in accordance with section 123 . (3) If, as a result of a statutory declaration made in accordance with section 123 , the DPP becomes aware of another person who has, may have or claims to have an interest in the property affected by the wealth-restraining order, the DPP must arrange for personal service of a copy of the wealth-restraining order and notice, in accordance with subsection (2) , on that other person as soon as practicable. (4) Subsections (1) and (3) do not prevent the DPP from serving, at any time, a copy of the wealth-restraining order and a notice on any other person of whom the DPP becomes aware who has, may have or claims to have an interest in the property. (5) The DPP must ensure that – (a) an affidavit of service is endorsed on a copy of each copy of the wealth-restraining order that is served; and (b) each endorsed copy is filed in the registry of the Supreme Court. 123Statutory declaration required from persons served with wealth-restraining orders (1) A person who is served under section 122(1) or (3) with a copy of a wealth-restraining order must – (a) make a statutory declaration as to the matters set out in subsection (2) ; and (b) file the declaration in the Supreme Court within 7 days after being served with the copy. Penalty: Fine not exceeding 2 000 penalty units or imprisonment for a term not exceeding 2 years, or both.
(2) A statutory declaration under subsection (1) is to include – (a) the name and, if known, the address of any other person of whom the declarant is aware who has, may have or claims to have an interest in property affected by the wealth-restraining order; or (b) if the declarant is not aware of another such person, a statement to that effect. 124Effect of wealth-restraining orders (1) While a wealth-restraining order is in effect in relation to property – (a) subject to Subdivision 3 , a person is not entitled to deal with the property; and (b) subject to section 121(a) , the DPP may arrange for a police officer to seize, retain or guard the property, or for the property to be secured by other means, for the duration of the wealth-restraining order; and (c) the DPP may apply under this Part to the Supreme Court for an order that all or some of the property, or a class of property, be forfeited to the State under Subdivision 3 of Division 6 . (2) Income or other property that is derived from restrained property is taken to be part of the restrained property. (3) The owner, or the person with effective control, of restrained property may apply to the Supreme Court for the release of all or some of the restrained property to meet reasonable living and business expenses of the applicant. 125Co-owned restrained property If property is, or is to be, restrained property and the person named in the wealth-restraining order is one of the co-owners of the property, the Supreme Court is to order that the whole of the property is restrained property unless – (a) the property is divisible; or (b) it is otherwise practicable for only the share of the person named in the wealth-restraining order to be restrained. 126Duration of wealth-restraining orders (1) Subject to this Part, a wealth-restraining order has effect for the period specified in it. (2) On application, the Supreme Court may extend the duration of the wealth-restraining order on as many occasions as the Supreme Court sees fit. (3) If the period of a wealth-restraining order is extended under this section, the DPP must serve a notice of the extension on each person on whom a copy of the wealth-restraining order was served under section 122 . 127Wealth-restraining orders cease to have effect (1) If a wealth-restraining order has been made on the ground that an application had been made, or was to be made, for a document production order or an unexplained wealth declaration, the wealth-restraining order ceases to have effect if – (a) within 21 days from the making of the wealth-restraining order, an application has not been made for the document production order or the unexplained wealth declaration; or (b) the application for the document production order or the unexplained wealth declaration is withdrawn for any reason; or (c) the application for the document production order or unexplained wealth declaration is finally determined but a document production order or unexplained wealth declaration is not made as a result of the application; or (d) in the case where an unexplained wealth declaration is made, the respondent has satisfied his or her unexplained wealth liability under the unexplained wealth declaration, whether or not all or any of the restrained property was transferred to, or vested in, the State to satisfy the liability. (2) A wealth-restraining order also ceases to have effect in respect of property – (a) if the wealth-restraining order is set aside under Division 4 ; or (b) if that property is forfeited to the State under Subdivision 3 of Division 6 . (3) If a wealth-restraining order ceases to have effect, the DPP is to ensure that – (a) notice that the wealth-restraining order has ceased to have effect is served personally, as soon as practicable, on each person on whom a copy of the wealth-restraining order was served under section 122 ; and (b) any property that is being retained under section 115 is returned to the person from whom it was taken unless it is to be otherwise dealt with under this Act or another Act; and (c) any property that is being guarded under section 115 is released from guard unless it is guarded for another reason under this Act or another Act; and (d) if the DPP is aware that the person to whom property is to be returned under paragraph (b) is not the owner of the property, the owner is notified, where practicable, of the setting aside of the wealth-restraining order and the return of the property. 128Land restrained under wealth-restraining order (1) If land is to be restrained property under a wealth-restraining order – (a) the DPP must lodge with the Recorder a sealed copy of the wealth-restraining order; and (b) if the land is not registered under the Land Titles Act 1980 , the Recorder is to – (i) bring the land under the Land Titles Act 1980 as if an application had been made under section 11 of that Act; and (ii) register the wealth-restraining order against the relevant folio of the Register; and (c) if the land is registered under the Land Titles Act 1980 , the Recorder is to register the wealth-restraining order against the relevant folio of the Register. (2) Land only becomes restrained property under a wealth-restraining order once the wealth-restraining order is registered under subsection (1)(b)(ii) or (1)(c) . (3) If, in accordance with section 127 , a wealth-restraining order registered under subsection (1) ceases to have effect and restrained property under the wealth-restraining order includes land – (a) the DPP must lodge notification with the Recorder that the wealth-restraining order has ceased to have effect; and (b) the Recorder is to register the notification against the relevant folio of the Register. (4) A wealth-restraining order registered under subsection (1) ceases to have effect in relation to the restrained property that is land when evidence that the wealth-restraining order has ceased to have effect is registered under subsection (3)(b) . 129Property may be restrained under more than one order (1) A restraining order, and a specified restraining order, may both apply to restrained property at the same time on the same, or different, grounds. (2) If a restraining order and a specified restraining order both apply to property, the fact that one of the orders ceases to have effect in respect of the property does not affect any other order still in effect in respect of the property. Subdivision 3Dealing with restrained property 130Dealing with property (1) In addition to section 7 , a reference in this Part to dealing with property includes a reference to doing or attempting to do any of the following: (a) sell the property or give it away; (b) dispose of the property in any other way; (c) move or exhaust the property; (d) accept the property as a gift; (e) take any profit, benefit or proceeds from the property; (f) create, increase or alter any legal or equitable right or obligation in relation to the property; (g) effect a change in the effective control of the property. (2) In subsection (1) , a reference to dealing with property does not include reasonable and necessary use for the ordinary daily requirements of living. 131Permitted dealings in respect of mortgaged or leased property (1) If property that is mortgaged is subject to a specified restraining order, this Part does not prevent – (a) the mortgagor from making payments to the mortgagee in accordance with the mortgage if the payments are made with money that is not subject to a specified restraining order; or (b) the mortgagee from accepting payments from the mortgagor in accordance with the mortgage; or (c) the issue of a notice of default by a mortgagee, and the exercise of the mortgagee’s rights, under the terms of the mortgage or as specified in legislation. (2) If property that is leased is subject to a specified restraining order, this Part does not prevent – (a) the tenant from making payments to the landlord in accordance with the lease if the payments are made with money that is not subject to a specified restraining order; or (b) the landlord from accepting payments from the tenant in accordance with the lease; or (c) the renewal of a pre-existing lease agreement over land; or (d) the issue of a notice of default by a landlord, and the exercise of the landlord’s rights, under the terms of the lease or as specified in legislation. 132Persons must not deal with restrained property (1) A person must not, in any way, deal with – (a) restrained property; or (b) property that is subject to an interim wealth-restraining order. Penalty: Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 5 years, or both.
(2) Subsection (1) does not apply to – (a) the forfeiture of the property under this Part; or (b) a person acting in accordance with the specified restraining order under which the property is restrained; or (c) a person acting in accordance with an order under section 121(b) , 162(2) or 164(2) ; or (d) a person acting in accordance with a demand of the Public Trustee under section 161 . (3) It is a defence to a prosecution for an offence under subsection (1) if the person establishes that he or she did not know, and could not reasonably be expected to have known, that a specified restraining order was in force when dealing with the property. (4) Subsection (1) does not prevent a person from being found guilty of contempt of court for a contravention of the specified restraining order under which the property is restrained, but the person is not punishable for both contempt and an offence under subsection (1) arising from the same contravention of the specified restraining order. 133Effect of dealing with properties subject to wealth-restraining orders Despite any other Act, any dealing with property that contravenes section 132 has no effect, whether at law, in equity or otherwise, on the rights of the State under this Part. Division 4Objections to restraint of property 134Objections to restraining of property (1) A person may file an objection in the Supreme Court to property, owned or effectively controlled by the person, being restrained property. (2) An objection is to identify – (a) the property to which the objection relates; and (b) the grounds for objection against the property being restrained property. 135Time for filing objections (1) If the person who intends to file an objection under section 134(1) was served with a copy of the order under section 122 , the objection is to be filed within 28 days from the day on which the copy was served on the person. (2) If the person who intends to file an objection under section 134(1) was not served with a copy of the order under section 122 , the objection is to be filed within 28 days from the day on which the person becomes aware, or could reasonably be expected to have become aware, that the property has been restrained. (3) The Supreme Court may, if it thinks fit, hear an objection under subsection (1) or (2) that is filed outside of the time frame specified in the relevant subsection. 136Parties to objection proceedings The State is a party to proceedings on the filing of an objection under section 134 . 137Setting aside or varying restraining orders (1) On hearing an objection under this Division to property being restrained property under a wealth-restraining order, the Supreme Court may set aside or vary all, or any part, of the wealth-restraining order as it applies to the restrained property, or class of restrained property, specified in the application. (2) The Supreme Court may only set aside or vary the wealth-restraining order as it applies to the restrained property if satisfied that it is more likely than not that the person who is, or will be, the subject of an unexplained wealth declaration does not own or effectively control the property. (3) If the Supreme Court sets aside or varies a specified restraining order under this Division, the Supreme Court may make any necessary or convenient ancillary orders. Division 5Unexplained wealth declaration 138What constitutes a person's wealth For the purposes of this Act, the following property and benefits constitute a person’s wealth: (a) all property that the person owns, whether the property was acquired before or after the commencement of this Part; (b) all property that the person effectively controls, whether the person acquired effective control of the property before or after the commencement of this Part; (c) all property that the person has given away at any time, whether before or after the commencement of this Part; (d) all other property acquired by the person at any time, whether before or after the commencement of this Part, including consumer goods and consumer durables that have been consumed or discarded (but not including necessary food, clothing and other items reasonably necessary for the ordinary daily requirements of living); (e) all benefits, including commercial benefits, that the person has acquired at any time, whether before or after the commencement of this Part; (f) all property and benefits acquired, at the request or direction of the person, by another person at any time, whether before or after the commencement of this Part, including consumer goods and consumer durables that have been consumed or discarded (but not including necessary food, clothing and other items reasonably necessary for the ordinary daily requirements of living). 139Unexplained wealth (1) For the purposes of this Act, a person may have unexplained wealth if the value of the person’s total wealth as described in subsection (2) is greater than the value of the person’s lawfully acquired wealth as described in subsection (3) . (2) The value of the person’s total wealth is the total value of all the items of property and benefits that together constitute the person’s wealth. (3) The value of the person’s lawfully acquired wealth is the total value of all the items of property and benefits that – (a) constitute the person’s wealth; and (b) were lawfully acquired. 140Assessing the value of unexplained wealth (1) A person’s unexplained wealth is the difference in value between – (a) the value of a person’s total wealth; and (b) the value of a person’s lawfully acquired wealth. (2) When assessing the value of a person’s wealth – (a) the value of any property or benefit that is a constituent of the person’s wealth is taken to be the greater of – (i) its value at the time that it was acquired; or (ii) its value on the day that the application for the unexplained wealth declaration was made; and (b) the value of any property or benefit that was a constituent of the person’s wealth but has been given away, used, consumed or discarded, or that is for any other reason no longer available, is taken to be an outgoing at the greater of – (i) its value at the time that it was acquired; or (ii) its value immediately before it was given away, or was used, consumed or discarded, or ceased being available; and (c) the Supreme Court is not to take account of – (i) any property that has been forfeited under this Act or any other Act; or (ii) any property or benefit that was taken into account in making an earlier unexplained wealth declaration against the person; or (iii) any property or benefit in relation to which a pecuniary penalty order has been made. 141Application for unexplained wealth declaration (1) The DPP may apply to the Supreme Court for an unexplained wealth declaration to be made against a person. (2) An application under subsection (1) may be made – (a) in conjunction with an application under Part 2 of this Act; or (b) in proceedings, under Division 4 , for the hearing of an objection to the application of a specified restraining order in respect of property; or (c) at any other time. 142Unexplained wealth declaration (1) On hearing an application under section 141 , the Supreme Court may make an unexplained wealth declaration against a person named in the application. (2) The Supreme Court must make an unexplained wealth declaration if satisfied that it is more likely than not that the value of the person’s total wealth is greater than the value of his or her lawfully acquired wealth. (3) Without limiting the matters to which the Supreme Court may have regard in determining the value of a respondent’s total wealth, the Supreme Court may have regard to the amount of the respondent’s income and outgoings at any time or at all times. (4) On making an unexplained wealth declaration against a respondent, the Supreme Court – (a) is to specify in the declaration the assessed value of the respondent’s unexplained wealth as determined by the Court; and (b) is to order, in the declaration, that the respondent pay to the State the amount specified in the declaration as the value of his or her unexplained wealth; and (c) may make any necessary or convenient ancillary orders, including awarding costs as it sees fit. 143Unexplained wealth liability The unexplained wealth liability of a respondent is the total of – (a) the amount the respondent is ordered to pay under section 142(4)(b) in respect of an unexplained wealth declaration; and (b) any costs awarded under section 142(4)(c) in respect of the unexplained wealth declaration or the respondent. 144Unexplained wealth payable to State (1) If the Supreme Court makes an unexplained wealth declaration, the respondent to the declaration must pay to the State the respondent’s unexplained wealth liability. (2) An unexplained wealth liability may be satisfied, wholly or in part, by forfeiture under Division 6 of restrained property. Division 6Satisfaction of unexplained wealth liability to State Subdivision 1General 145Recovery of amount payable to State (1) A respondent must pay his or her unexplained wealth liability –