Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 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 * responsible authority for the relevant order, 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.



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