Einzelansicht

Australia – Queensland


Part 5A Unexplained Wealth Orders

Division 1 - Application for, and making and variation of, unexplained wealth orders


89F Application for [an] unexplained wealth order

(1) The State may apply to the Supreme Court for an order (unexplained wealth order) requiring a person to pay to the State an amount assessed by the court to be the value of the person’s unexplained wealth.

(2) The State must give notice of the application to—

the person against whom the order is sought; and
anyone else who the commission, or if the application is made for the State by a police officer, the commissioner of the police service reasonably suspects may be affected by the order.

(3) A person given notice under subsection (2) may appear at the hearing of the application.

(4) The absence of a person required to be given notice of the application does not prevent the Supreme Court from making an unexplained wealth order.

89G Making of unexplained wealth order

(1) The Supreme Court must, on an application under section 89F , make an unexplained wealth order against a person if it is satisfied there is a reasonable suspicion that—

the person—
(i) has engaged in 1 or more serious crime related activities; or
(ii) has acquired, without giving sufficient consideration, serious crime derived property from a serious crime related activity of someone else, whether or not the person knew or suspected the property was derived from illegal activity; and
any of the person’s current or previous wealth was acquired unlawfully.

(2) However, the court may refuse to make the order if the court is satisfied it is not in the public interest to make the order.

(3) A finding of the court under subsection (1) (a) —

need not be based on a reasonable suspicion that a particular offence was committed; and
may be based on a reasonable suspicion that some offence that is a serious crime related activity was committed.


89H Amount payable under unexplained wealth order

(1) An unexplained wealth order must state, as the amount required to be paid to the State, the value of the person’s unexplained wealth.

(2) The value of the person’s unexplained wealth must be assessed by the Supreme Court under division 2 .

(3) However, the court may reduce the amount that would otherwise be payable as assessed under division 2 if it is satisfied it is in the public interest to do so.


89J Notice of unexplained wealth order

(1) Within 28 days after an unexplained wealth order is made, the commission or, if the application for the order was made for the State by a police officer, the commissioner of the police service must give the following persons the documents mentioned in subsection (2) —

all known dependants of the person against whom the order is made;
anyone else the commission or the commissioner of the police service reasonably suspects may be affected by the order.

(2) For subsection (1) , the documents are—

a copy of the unexplained wealth order; and
a written notice stating that a dependant of the person against whom the order is made may apply to the Supreme Court, within 3 months after the day the order is made, for a hardship order under section 89Q .

(3) If required by the court, the commission or the commissioner of the police service must also give notice of the making of the order to the persons the court considers appropriate, in the way and within the time the court considers appropriate.

Division 2 - Assessment of value of unexplained wealth

89K Application of div 2

This division applies to property in Queensland or elsewhere.

89L Assessment for [an] unexplained wealth order

(1) The "unexplained wealth" of a person is the amount mentioned in subsection (2) or (3).

(2) For subsection (1), the amount may be the amount equivalent to—

the person’s current or previous wealth of which the State has given evidence; less
any of the current or previous wealth mentioned in paragraph (a) that the person proves was lawfully acquired.

(3) Alternatively, for subsection (1), the amount may be the amount equivalent to the person’s expenditure for a period of which the State has given evidence less the income for that period that the person proves was lawfully acquired.

(4) For subsection (2) , the value of a thing included as current or previous wealth is—

if the wealth has been disposed of, the greater of—
(i) the value when the wealth was acquired; or
(ii) the value immediately before the wealth was disposed of; or
otherwise, the greater of—
(i) the value when the wealth was acquired; or
(ii) the value when the application for the unexplained wealth order was made.

(5) However, the court may—

treat, as the value of the person’s current or previous wealth, the value it would have had if it had been acquired at the time the court decides the application; and
without limiting paragraph (a) , have regard to any decline in the purchasing power of money between the time the current or previous wealth was acquired and the time the court decides the application.

(6) In this section—

"acquired" includes provided or derived.

Division 3 - Operation of unexplained wealth orders

89M Unexplained wealth order amount is debt payable to State

(1) The amount a person is ordered to pay to the State under an unexplained wealth order is a debt payable by the person to the State.

(2) The unexplained wealth order may be enforced as if it were a money order made by the Supreme Court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the unexplained wealth order.


Type: Qualified Civil Illicit Enrichment Laws

Last update on LEARN: Thursday, 3. March 2022, 13:00