67 Application for unexplained wealth declaration
(1) The DPP may apply to the Supreme Court for an unexplained wealth declaration against a person.
(2) An application under subsection (1) may be made in conjunction with an application under Part 4, Division 2 for a restraining order, in proceedings under Part 5 for the hearing of an objection to the restraining of property, or at any other time.
68 Unexplained wealth
(1) For this Act, a person has 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 all the services, advantages 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 all the services, advantages and benefits, that constitute the person's wealth and were lawfully acquired.
69 Assessing the value of unexplained wealth
(1) The respondent's unexplained wealth is the difference between:
(a) the respondent's total wealth; and
(b) the respondent's lawfully acquired wealth.
(2) When assessing the respondent's wealth:
(a) the value of any property, service, advantage or benefit that is a constituent of the respondent's wealth is taken to be the greater of:
(i) its value at the time that it was acquired; and
(ii) its value on the day that the application for the unexplained wealth declaration was made; and
(b) the value of any property, service, advantage or benefit that was a constituent of the respondent'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; and
(ii) its value immediately before it was given away, or was used, consumed or discarded, or stopped being available; and
(c) the court that is hearing an application under section 67 must not take account of:
(i) any property that has been forfeited under this Act or any other Act; or
(ii) any property, service, advantage or benefit that was taken into account in making an earlier unexplained wealth declaration against the respondent; or
(iii) any property, service, advantage or benefit in relation to which a criminal benefits declaration has been made.
The following property, services, advantages 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 Act;
(b) all property that the person effectively controls, whether the person acquired effective control of the property before or after the commencement of this Act;
(c) all property that the person has given away at any time, whether before or after the commencement of this Act;
(d) all other property acquired by the person at any time, whether before or after the commencement of this Act, including consumer goods and consumer durables that have been consumed or discarded (but not including necessary food, clothing and other items reasonably necessary for ordinary daily requirements of life);
(e) all services, advantages and benefits that the person has acquired at any time, whether before or after the commencement of this Act;
(f) all property, services, advantages 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 Act, including consumer goods and consumer durables that have been consumed or discarded (but not including necessary food, clothing and other items reasonably necessary for ordinary daily requirements of life);
(g) anything of monetary value acquired by the person or another person, in Australia or elsewhere, from the commercial exploitation of any product or any broadcast, telecast or other publication, where the commercial value of the product, broadcast, telecast or other publication depends on or is derived from the person's involvement in the commission of a forfeiture offence, whether or not the thing was lawfully acquired and whether or not the person has been charged with or convicted of the offence.
71 Unexplained wealth declaration
(1) The court that is hearing an application under section 67 must declare that the respondent has unexplained wealth if it is more likely than not that the respondent's total wealth is greater than his or her lawfully acquired wealth.
(2) Any property, service, advantage or benefit that is a constituent of the respondent's wealth is presumed not to have been lawfully acquired unless the respondent establishes the contrary.
(3) Without limiting the matters to which a court may have regard in deciding whether the respondent has unexplained wealth, the court may have regard to the amount of the respondent's income and outgoings at any time or at all times.
(4) When a court makes an unexplained wealth declaration, the court must:
(a) assess the respondent's unexplained wealth in accordance with section 69; and
(b) specify the assessed value of the unexplained wealth in the declaration; and
(c) order the respondent to pay to the Territory the amount specified in the declaration as the value of his or her unexplained wealth.
(5) When making an unexplained wealth declaration, the court may make any necessary or convenient ancillary orders, including awarding costs as the court sees fit.
72 Unexplained wealth payable to Territory
(1) If a court makes an unexplained wealth declaration, the respondent
must pay to the Territory the amount ordered by the court.
(2) The amount payable to the Territory may be satisfied, wholly or in
part, by forfeiture under Part 7 of property that is subject to a restraining order under this Act.
…
136 Proceedings
(1) Proceedings on an application under this Act are taken to be civil proceedings for all purposes.
…
