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Australia – Tasmania


138 What constitutes a person's wealth

For the purposes of this Act, the following property and benefits constitute a person's wealth:

all property that the person owns, whether the property was acquired before or after the commencement of this Part;
all property that the person effectively controls, whether the person acquired effective control of the property before or after the commencement of this Part;
all property that the person has given away at any time, whether before or after the commencement of this Part;
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);
all benefits, including commercial benefits, that the person has acquired at any time, whether before or after the commencement of this Part;
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).

139 Unexplained 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 –

constitute the person's wealth; and
were lawfully acquired.

140 Assessing the value of unexplained wealth

(1)  A person's unexplained wealth is the difference in value between –

the value of a person's total wealth; and
the value of a person's lawfully acquired wealth.

(2)  When assessing the value of a person's wealth –

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

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

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.

141 Application 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 –

in conjunction with an application under Part 2 of this Act; or
in proceedings, under Division 4, for the hearing of an objection to the application of a specified restraining order in respect of property; or
at any other time.

142 Unexplained 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 –

is to specify in the declaration the assessed value of the respondent's unexplained wealth as determined by the Court; and
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
may make any necessary or convenient ancillary orders, including awarding costs as it sees fit.

143 Unexplained wealth liability

The unexplained wealth liability of a respondent is the total of –

the amount the respondent is ordered to pay under section 142(4)(b) in respect of an unexplained wealth declaration; and
any costs awarded under section 142(4)(c) in respect of the unexplained wealth declaration or the respondent.

144 Unexplained 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.


183 Proceedings under this Part

(1)  Proceedings on an application under this Part are taken to be civil proceedings for all purposes.


Type: Civil Illicit Enrichment Laws

Last update on LEARN: Thursday, 3 March 2022, 1:00 PM