the main unexplained wealth provisions; and

the participating jurisdiction information gathering provisions; and

the unexplained wealth machinery and transitional provisions.

Main unexplained wealth provisions

section 20A and Part 2-6; and

the other provisions of this Act in so far as they relate to that section or that Part; and

instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Participating jurisdiction information gathering provisions

section 14M and Schedule 1; and

the other provisions of this Act in so far as they relate to that section or that Schedule; and

instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Unexplained wealth machinery and transitional provisions

(a) the following provisions (the main machinery and transitional provisions):

sections 14A to 14L and 14N;

(ii) the definitions of adoption Act, amendment reference, cooperating State, express amendment, information gathering, main machinery and transitional provisions, main unexplained wealth provisions, national unexplained wealth provisions, non-participating State, participating jurisdiction information gathering provisions, participating State, post-amended version 1 of this Act, post-amended version 2 of this Act, pre-amended version of this Act, referral Act, relevant law 1, relevant law 2, special confiscation law, text reference 1, text reference 2, unexplained wealth and unexplained wealth machinery and transitional provisions in section 338;

Schedule 2; and

the other provisions of this Act in so far as they relate to any of the main machinery and transitional provisions; and

instruments made under this Act for the purposes of a provision referred to in paragraph (a) or (b).

Application in participating States

the legislative powers that the Commonwealth Parliament has because of a reference or an adoption by the Parliaments of the participating States under paragraph 51(xxxvii) of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

Application in non-participating States

the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

was a participating State because it had referred to the Commonwealth Parliament:

text reference 1; and

text reference 2; and

the amendment reference; and

ceased to be a participating State because it terminated either or both of the following:

the referral of text reference 1;

the referral of the amendment reference; and

has not terminated the referral of text reference 2;

is based on:

the legislative powers that the Commonwealth Parliament has because of the referral of text reference 2 under paragraph 51(xxxvii) of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

was a participating State because it had:

adopted post-amended version 1 of this Act; and

adopted post-amended version 2 of this Act; and

referred to the Commonwealth Parliament the amendment reference; and

ceased to be a participating State because it terminated either or both of the following:

the adoption of post-amended version 1 of this Act;

the referral of the amendment reference; and

has not terminated the adoption of post-amended version 2 of this Act;

is based on:

the legislative powers that the Commonwealth Parliament has because of the adoption of post-amended version 2 of this Act under paragraph 51(xxxvii) of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxxvii)) and section 122 of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

Application in a self-governing Territory

the legislative powers that the Commonwealth Parliament has under section 122 of the Constitution to make laws for the government of a Territory; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

Despite Acts Interpretation Act 1901, the national unexplained wealth provisions as applying in a self-governing Territory are laws of the Commonwealth.section 2H of the

Application outside Australia

the legislative powers that the Commonwealth Parliament has under paragraph 51(xxix) of the Constitution; and

the legislative powers that the Commonwealth Parliament has under section 51 (other than paragraph 51(xxix)) and section 122 of the Constitution; and

the other legislative powers that the Commonwealth Parliament has under the Constitution.

has, by its referral Act, referred to the Commonwealth Parliament:

text reference 1 (see subsection (2)); and

text reference 2 (see subsection (3)); and

the amendment reference (see subsection (4));

before the enactment of the Unexplained Wealth Legislation Amendment Act 2018; or

has, by its adoption Act:

adopted post-amended version 1 of this Act (see subsection (5)); and

adopted post-amended version 2 of this Act (see subsection (6)); and

referred to the Commonwealth Parliament the amendment reference;

after the enactment of the Unexplained Wealth Legislation Amendment Act 2018.

Text reference 1

*unexplained wealth (see section 14D); and

*information gathering (see section 14E);

to the extent of making laws with respect to those matters by making *express amendments of this Act.

Post-amended version 1 of this Act

relevant law 1; and

any other *express amendments of this Act that:

were enacted at any time after the enactment of relevant law 1 but before the enactment of the adoption Act; and

were not amendments of the main machinery and transitional provisions (see subsection 14B(5));

to the extent that this Act as so amended is a law with respect to text reference 1 or the amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.

Post-amended version 2 of this Act

relevant law 2; and

any other *express amendments of this Act that:

were enacted at any time after the enactment of relevant law 2 but before the enactment of the adoption Act; and

were amendments of the main machinery and transitional provisions (see subsection 14B(5));

to the extent that this Act as so amended is a law with respect to text reference 2 or the amendment reference referred to the Commonwealth Parliament by the Parliament of another State for the purposes of paragraph 51(xxxvii) of the Constitution.

Certain things do not affect a participating State’s status

the reference to the Commonwealth Parliament of text reference 1, text reference 2 or the amendment reference is to terminate in particular circumstances; or

the adoption of post-amended version 1 of this Act or post-amended version 2 of this Act is to terminate in particular circumstances; or

the reference to the Commonwealth Parliament of the amendment reference does not include the matter of including a provision in section 20A or Part 2-6 that:

requires a person pay an amount otherwise than by order of a court; or

requires or permits property (within the meaning of subsection 14D(2)) to be restrained, forfeited or seized otherwise than by order of a court; or

the reference to the Commonwealth Parliament of text reference 1, text reference 2 or the amendment reference has effect only:

if and to the extent that the matter is not included in the legislative powers of the Commonwealth Parliament (otherwise than by a reference under paragraph 51(xxxvii) of the Constitution); or

if and to the extent that the matter is included in the legislative powers of the Parliament of the State.

When a State ceases to be a participating State

in the case where the Parliament of the State has referred to the Commonwealth Parliament text reference 1 and text reference 2—either or both of those references terminate; or

in the case where the Parliament of the State has adopted the post-amended version 1 of this Act and post-amended version 2 of this Act—either or both of those adoptions terminate.

the State’s referral of the amendment reference terminates; and

subsection (10) does not apply to the termination.

the termination is effected by the Governor of that State fixing a day by proclamation as the day on which the reference terminates; and

the day fixed is no earlier than the first day after the end of the period of 6 months beginning on the day on which the proclamation is published; and

that State’s amendment reference, and the amendment reference of every other State, terminates on the same day.

Other definitions

adopts post-amended version 1 of this Act; and

adopts post-amended version 2 of this Act; and

refers the amendment reference to the Commonwealth Parliament.

express amendment of this Act means the direct amendment of the text of this Act (whether by the insertion, omission, repeal, substitution or relocation of words or matter) by another Commonwealth Act or by an instrument under a Commonwealth Act, but does not include the enactment by a Commonwealth Act of a provision that has, or will have, substantive effect otherwise than as part of the text of this Act.

pre-amended version of this Act, in relation to the *referral Act of a State, means this Act as originally enacted and as subsequently amended by amendments enacted at any time before the enactment of the referral Act of the State.

referral Act, of a State, means the Act of the State that refers *text reference 1, *text reference 2 and the *amendment reference to the Commonwealth Parliament.

relevant law 1 means Schedules 2 and 4 to the Unexplained Wealth Legislation Amendment Act 2018.

relevant law 2 means Schedule 1 to the Unexplained Wealth Legislation Amendment Act 2018.

an express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4-3 (about sharing proceeds), was enacted; and

before the amendment was enacted, the State was a participating State; and

after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following:

the referral of text reference 1;

the referral of the amendment reference; and

the termination was effected by a proclamation that was made under the State’s referral Act for the purposes of this section; and

the State has not terminated its referral of text reference 2.

States that have adopted the post-amended versions of this Act

an express amendment of section 14G or 14J (about rollback), or Division 2 of Part 4-3 (about sharing proceeds), was enacted; and

before the amendment was enacted, the State was a participating State; and

after the amendment was enacted, the State ceased to be a participating State because it terminated either or both of the following:

the adoption of post-amended version 1 of this Act;

the referral of the amendment reference; and

the termination was effected by a proclamation that was made under the State’s adoption Act for the purposes of this section; and

the State has not terminated its adoption of post-amended version 2 of this Act.

a proclamation is made under the referral Act or adoption Act of a participating State for the purposes of this section; and

the proclamation declares that an express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and

the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted.

Application of this Act to proceedings

the proceedings are instituted while the proclamation is in force; and

the proceedings are for the making of a restraining order under section 20A in relation to a *suspect; and

the affidavit supporting the application for the order states that an *authorised officer suspects either or both of the following:

that the suspect has committed a relevant offence of a *participating State;

that the whole or any part of the suspect’s *wealth was derived from a relevant offence of a participating State.

Proceedings for unexplained wealth orders

the proceedings are instituted while the proclamation is in force; and

the proceedings are for the making of an unexplained wealth order (including a preliminary unexplained wealth order) in relation to a *suspect; and

the application for the order states that an *authorised officer suspects that the whole or any part of the suspect’s *wealth was derived from a relevant offence of a *participating State.

Proceedings for other orders

the proceedings are instituted while the proclamation is in force; and

the proceedings are for the making of an order that relates to:

a restraining order made in proceedings covered by subsection (3); or

an unexplained wealth order (including a preliminary unexplained wealth order) made in proceedings covered by subsection (4).

(a) a law (the disapplying law) of a *self-governing Territory is made for the purposes of this section; and

the law declares that an express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and

the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted.

Application of this Act to proceedings

the proceedings are instituted while the disapplying law is in force; and

the proceedings are for the making of a restraining order under section 20A in relation to a *suspect; and

the affidavit supporting the application for the order states that an*authorised officer suspects either or both of the following:

that the suspect has committed a Territory offence;

that the whole or any part of the suspect’s *wealth was derived from a Territory offence.

Proceedings for unexplained wealth orders

the proceedings are instituted while the disapplying law is in force; and

the proceedings are for the making of an unexplained wealth order (including a preliminary unexplained wealth order) in relation to a *suspect; and

the application for the order states that an *authorised officer suspects that the whole or any part of the suspect’s *wealth was derived from a Territory offence.

Proceedings for other orders

the proceedings are instituted while the disapplying law is in force; and

the proceedings are for the making of an order that relates to:

a restraining order that has been made in proceedings covered by subsection (3); or

an unexplained wealth order (including a preliminary unexplained wealth order) that has been made in proceedings covered by subsection (4).

a proclamation is made under the referral Act or adoption Act of a participating State for the purposes of this section; and

the proclamation declares that an express amendment of this Act (other than this Subdivision) is not to apply to:

an application covered by subsection (3); or

an order made as a result of an application covered by subsection (3); or

a notice covered by subsection (4); and

the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted.

Application of this Act to the application, order or notice

the application is made while the proclamation is in force; and

the application is for the making of a production order under clause 1 of Schedule 1; and

the application is made by an *authorised State/Territory officer of the State.

Notices to financial institutions

the notice is given while the proclamation is in force; and

the notice is given to a *financial institution under clause 12 of Schedule 1; and

the notice is given by an official of the State specified in subclause 12(3) of Schedule 1.

(a) a law (the disapplying law) of a *self-governing Territory is made for the purposes of this section; and

the disapplying law declares that an express amendment of this Act (other than this Subdivision) is not to apply to:

an application covered by subsection (3); or

an order made as a result of an application covered by subsection (3); or

a notice covered by subsection (4); and

the disapplying law comes into force in the period of 6 months beginning on the day the amendment is enacted.

Application of this Act to the application, order or notice

the application is made while the disapplying law is in force; and

the application is for the making of a production order under clause 1 of Schedule 1; and

the application is made by an *authorised State/Territory officer of the Territory.

Notices to financial institutions

the notice is given while the disapplying law is in force; and

the notice is given to a *financial institution under clause 12 of Schedule 1; and

the notice is given by an official of the Territory specified in subclause 12(3) of Schedule 1.

Subdivision C—Interaction of the national unexplained wealth provisions and orders with State and Territory laws and orders

that law, or an order made under that law:

prevents or restricts a person from disposing of, or dealing with, property (for example, by way of a restraining order made under that law); or

confiscates or forfeits property of a person (for example, by way of a forfeiture order made under that law); or

requires the person to pay an amount (for example, by way of an unexplained wealth order made under that law); or

deals with a matter prescribed by the regulations; and

the national unexplained wealth provisions, or an order made under those provisions, also:

prevent or restrict the person from disposing of, or dealing with, the property (for example, by way of a restraining order under section 20A); or

require the person to pay an amount (for example, by way of an unexplained wealth order); or

deal with a matter prescribed by the regulations.

prevents or restricts a person from disposing of, or dealing with, property in circumstances in which a restraining order under section 20A could not be obtained to prevent or restrict such disposal or dealing;

prevents or restricts, in particular circumstances, disposal of, or dealing with, more or less property than could be covered by a restraining order under section 20A in those circumstances;

prevents or restricts disposal of, or dealing with, property that is or could be excluded from a restraining order under section 20A;

confiscates or forfeits, in particular circumstances, property of a greater or lesser value than the *unexplained wealth amount of a person under an unexplained wealth order that is or could be made in those circumstances;

requires payment of an amount that is greater or lesser than the amount that is or could be payable under an unexplained wealth order;

deals with a matter prescribed by the regulations.

This section does not affect section 14A

orders that are made under a special confiscation law in that period in relation to proceedings that are instituted under the special confiscation law before or in that period; and

orders that are made under a special confiscation law before that period and that are in force at any time in that period; and

orders that are made under the national unexplained wealth provisions in that period in relation to proceedings that are instituted under the national unexplained wealth provisions before or in that period.

for a participating State that has a referral Act—the period starts at the commencement of this section and ends only if the State ceases to be a participating State, in which case, the period ends at the time the State so ceases;

for a participating State that has an adoption Act—the period starts at the commencement of the State’s adoption Act and ends only if the State ceases to be a participating State, in which case, the period ends at the time the State so ceases;

for a *self-governing Territory—the period starts at the commencement of this section and does not end.

Subdivision D—Other matters

(a) an *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 applies for the order in accordance with Division 2; and

there are reasonable grounds to suspect that the balance of the account:

is proceeds of an indictable offence, a foreign indictable offence or an indictable offence of Commonwealth concern (whether or not the identity of the person who committed the offence is known); or

is wholly or partly an instrument of a *serious offence; and

the magistrate is satisfied that, unless an order is made under this section, there is a risk that the balance of the account will be reduced so that a person will not be deprived of all or some of such proceeds or such an instrument.

in an urgent case; or

if the delay that would occur if an application were made in person would frustrate the effectiveness of the order.

must include all information that would be required in an ordinary application for a freezing order and supporting affidavit; and

if necessary, may be made before the affidavit is sworn.

communication by voice to the extent that it is practicable in the circumstances; and

any further information.

a freezing order should be issued urgently; or

the delay that would occur if an application were made in person would frustrate the effectiveness of the order.

complete a form of freezing order in terms substantially corresponding to those given by the magistrate; and

state on the form:

the name of the magistrate; and

the day on which the order was signed; and

the time at which the order was signed.

the second working day after the magistrate makes the order; or

the first working day after the magistrate makes the order, if it is served on the *financial institution concerned before the first working day after the magistrate makes the order.

if the application is made under section 15C (in person)—the matters referred to in that section that are contained in an affidavit made in support of the application;

if the application is made under section 15D (by telephone or other electronic means)—the matters referred to in paragraph 15D(2)(a) that are contained, or that are to be contained, in an affidavit made in support of the application.

the person states a name of a magistrate in a document; and

the document purports to be a form of freezing order under section 15E; and

the name is not the name of the magistrate who made the order.

Offence for unauthorised form of order

the person states a matter in a form of freezing order under section 15E; and

the matter departs in a material particular from the order made by the magistrate.

Offence for service of unauthorised form of order

the person presents a document to a person; and

the document purports to be a form of freezing order under section 15E; and

the document:

has not been approved by a magistrate under that section; or

departs in a material particular from the terms given by the magistrate under that section.

Offence for giving form of order different from that served

the person gives a magistrate a form of freezing order under section 15E relating to a *financial institution; and

the person does so after presenting to the financial institution a document purporting to be a form of the freezing order; and

the form given to the magistrate is not in the same form as the document presented to the financial institution.

the financial institution; and

each person in whose name the account is held.

a copy of the order (or of a form of the order under section 15E);

(b) a written statement of the name and contact details of the *enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the applicant.

the end of the period specified in the order (as affected by section 15P if relevant) from when the copy of the order was given to the institution; or

if, before the end of that period, a court makes a decision on an application for a restraining order to cover the account—the time the court makes that decision.

(a) an *authorised officer described in paragraph (a), (aa), (b) or (c) of the definition of authorised officer in section 338 applies for the extension; and

the magistrate is satisfied that an application has been made to a court (but not decided by the court) for a restraining order to cover the account (whether or not the restraining order is also to cover other property).

a specified number of *working days; or

the period ending when the court decides the application for the restraining order.

Division 2 (except paragraphs 15C(c) and (d));

section 15J (except the note to that section).

section 15C also required that an affidavit supporting an application:

identify the freezing order; and

state that an application has been made for a restraining order to cover the account; and

the reference in subsection 15E(1) to section 15B were a reference to subsection (1) of this section.

the reasonable living expenses of the person;

the reasonable living expenses of any of the *dependants of the person;

the reasonable business expenses of the person;

a specified debt incurred in good faith by the person.

a person in whose name the account is held has applied for the variation; and

(b) the person has given written notice of the application and the grounds for the application to the *enforcement agency mentioned in the paragraph of the definition of authorised officer in section 338 that describes the *authorised officer who applied for the freezing order; and

the magistrate is satisfied that the expense or debt does not, or will not, relate to legal costs that the person has incurred, or will incur, in connection with:

proceedings under this Act; or

proceedings for an offence against a law of the Commonwealth, a State or a Territory; and

the magistrate is satisfied that the person cannot meet the expense or debt out of property that is not covered by:

a freezing order; or

a restraining order; or

an interstate restraining order; or

a foreign restraining order that is registered under the Mutual Assistance Act.

the *authorised officer who applied for the freezing order;

the authorised officer whose affidavit supported the application for the freezing order;

(c) another authorised officer described in the paragraph of the definition of authorised officer in section 338 that describes the authorised officer mentioned in paragraph (a) or (b) of this subsection.

the financial institution; and

each person in whose name the account is held.

property must not be disposed of or otherwise dealt with by any person; or

property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;

if:

a proceeds of crime authority applies for the order; and

a person has been convicted of, or has been charged with, an indictable offence, or it is proposed that he or she be charged with an indictable offence; and

any affidavit requirements in subsection (3) for the application have been met; and

(unless there are no such requirements) the court is satisfied that the *authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds.

Property that a restraining order may cover

all or specified property of the *suspect;

all or specified *bankruptcy property of the suspect;

all property of the suspect other than specified property;

all bankruptcy property of the suspect other than specified bankruptcy property;

specified property of another person (whether or not that other person’s identity is known) that is subject to the *effective control of the suspect;

specified property of another person (whether or not that other person’s identity is known) that is proceeds of the offence or an instrument of the offence.

Affidavit requirements

if the *suspect has not been convicted of an indictable offence—that the authorised officer suspects that the suspect committed the offence; and

if the application is to restrain property of a person other than the suspect but not to restrain *bankruptcy property of the suspect—that the authorised officer suspects that:

the property is subject to the *effective control of the suspect; or

the property is proceeds of the offence or an instrument of the offence.

The affidavit must include the grounds on which the *authorised officer holds those suspicions.

Refusal to make a restraining order

property must not be disposed of or otherwise dealt with by any person; or

property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;

if:

a proceeds of crime authority applies for the order; and

there are reasonable grounds to suspect that a person has committed a *serious offence; and

any affidavit requirements in subsection (3) for the application have been met; and

the court is satisfied that the *authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds.

Property that a restraining order may cover

all or specified property of the *suspect;

all or specified *bankruptcy property of the suspect;

all property of the suspect other than specified property;

all bankruptcy property of the suspect other than specified bankruptcy property;

specified property of another person (whether or not that other person’s identity is known) that is subject to the *effective control of the suspect;

specified property of another person (whether or not that other person’s identity is known) that is:

in any case—proceeds of the offence; or

if the offence to which the order relates is a *serious offence—an instrument of the offence.

Affidavit requirements

that the authorised officer suspects that the *suspect committed the offence; and

if the application is to restrain property of a person other than the suspect but not to restrain *bankruptcy property of the suspect—that the authorised officer suspects that:

the property is subject to the *effective control of the suspect; or

in any case—the property is proceeds of the offence; or

if the offence to which the order relates is a *serious offence—the property is an instrument of the offence.

The affidavit must include the grounds on which the *authorised officer holds those suspicions.

Restraining order need not be based on commission of a particular offence

property must not be disposed of or otherwise dealt with by any person; or

property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;

if:

a proceeds of crime authority applies for the order; and

there are reasonable grounds to suspect that the property is:

the proceeds of a terrorism offence or any other indictable offence, a foreign indictable offence or an indictable offence of Commonwealth concern (whether or not the identity of the person who committed the offence is known); or

an instrument of a *serious offence; and

the application for the order is supported by an affidavit of an *authorised officer stating that the authorised officer suspects that:

in any case—the property is proceeds of the offence; or

if the offence to which the order relates is a serious offence—the property is an instrument of the offence;

and including the grounds on which the authorised officer holds the suspicion; and

the court is satisfied that the *authorised officer who made the affidavit holds the suspicion stated in the affidavit on reasonable grounds.

Property that a restraining order may cover

in any case—proceeds of the offence; or

if the offence to which the order relates is a *serious offence—an instrument of the offence.

Refusal to make a restraining order

property must not be disposed of or otherwise dealt with by any person; or

property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;

if:

a proceeds of crime authority applies for the order; and

there are reasonable grounds to suspect that a person has committed an indictable offence or a foreign indictable offence, and that the person has derived literary proceeds in relation to the offence; and

any affidavit requirements in subsection (3) for the application have been met; and

(unless there are no such requirements) the court is satisfied that the *authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds.

Property that a restraining order may cover

all or specified property of the *suspect;

all or specified *bankruptcy property of the suspect;

all property of the suspect other than specified property;

all bankruptcy property of the suspect other than specified bankruptcy property;

specified property of another person (whether or not that other person’s identity is known) that is subject to the *effective control of the suspect.

Affidavit requirements

if the *suspect has not been convicted of the offence—that the authorised officer suspects that the suspect committed the offence; and

that the authorised officer suspects that the suspect derived literary proceeds in relation to the offence; and

if the application is to restrain property of a person other than the suspect but not to restrain *bankruptcy property of the suspect—that the authorised officer suspects that the property is subject to the *effective control of the suspect.

The affidavit must include the grounds on which the *authorised officer holds those suspicions.

Refusal to make a restraining order

property must not be disposed of or otherwise dealt with by any person; or

property must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in the order;

if:

a proceeds of crime authority applies for the order; and

there are reasonable grounds to suspect that a person’s *total wealth exceeds the value of the person’s *wealth that was *lawfully acquired; and

any affidavit requirements in subsection (3) for the application have been met; and

the court is satisfied that the *authorised officer who made the affidavit holds the suspicion or suspicions stated in the affidavit on reasonable grounds; and

there are reasonable grounds to suspect either or both of the following:

that the person has committed an offence against a law of the Commonwealth, a foreign indictable offence, a relevant offence of a *participating State, a State offence that has a federal aspect or a Territory offence;

that the whole or any part of the person’s wealth was derived or realised, directly or indirectly, from an offence against a law of the Commonwealth, a foreign indictable offence, a relevant offence of a participating State, a State offence that has a federal aspect or a Territory offence.

Property that a restraining order may cover

all or specified property of the *suspect;

all or specified *bankruptcy property of the suspect;

all property of the suspect other than specified property;

all bankruptcy property of the suspect other than specified bankruptcy property;

specified property of another person (whether or not that other person’s identity is known) that is subject to the *effective control of the suspect.

Affidavit requirements

that the authorised officer suspects that the *total wealth of the *suspect exceeds the value of the suspect’s *wealth that was *lawfully acquired; and

if the application is to restrain property of a person other than the suspect but not to restrain *bankruptcy property of the *suspect—that the authorised officer suspects that the property is subject to the *effective control of the suspect; and

that the authorised officer suspects either or both of the following:

that the suspect has committed an offence against a law of the Commonwealth, a foreign indictable offence, a relevant offence of a *participating State, a State offence that has a federal aspect or a Territory offence;

that the whole or any part of the suspect’s wealth was derived or realised, directly or indirectly, from an offence against a law of the Commonwealth, a foreign indictable offence, a relevant offence of a participating State, a State offence that has a federal aspect or a Territory offence.

The affidavit must include the grounds on which the authorised officer holds those suspicions.

Refusal to make a restraining order

there are not reasonable grounds to suspect that the person’s *total wealth exceeds by $100,000 or more the value of the person’s *wealth that was *lawfully acquired; or

it is not in the public interest to make the order.

the reasonable living expenses of the person whose property is restrained;

the reasonable living expenses of any of the *dependants of that person;

(c) the reasonable business expenses of that person;

a specified debt incurred in good faith by that person.

the person whose property is restrained has applied for the order; and

the person has notified the *responsible authority in writing of the application and the grounds for the application; and

the person has disclosed all of his or her *interests in property, and his or her liabilities, in a statement on oath that has been filed in the court; and

the court is satisfied that the expense or debt does not, or will not, relate to legal costs that the person has incurred, or will incur, in connection with:

proceedings under this Act; or

proceedings for an offence against a law of the Commonwealth, a State or a Territory; and

the court is satisfied that the person cannot meet the expense or debt out of property that is not covered by:

a restraining order; or

an interstate restraining order; or

a foreign restraining order that is registered under the Mutual Assistance Act.

a restraining order; or

an interstate restraining order; or

a foreign restraining order that is registered under the Mutual Assistance Act;

is taken, for the purposes of paragraph (2)(d), not to be covered by the order if it would not be reasonably practicable for the Official Trustee to take custody and control of the property.

because of the operation of subsection 24(3), property that is covered by a restraining order is taken, for the purposes of paragraph 24(2)(d), not to be covered by the order; and

as a result, and for no other reason, the court refuses an application to make an order under subsection 24(1);

the court may:

exclude the property from the restraining order; or

if the property is the only property covered by the restraining order—revoke the restraining order.

the reasonable living expenses of the person whose property is restrained;

the reasonable living expenses of any of the *dependants of that person;

the reasonable business expenses of that person;

a specified debt incurred in good faith by that person.

the owner of the property (if the owner is known); and

any other person the authority reasonably believes may have an *interest in the property.

However, the authority need not give notice to the applicant for the order under subsection 24(1).

the owner of any property covered by the restraining order (if the owner is known); and

any other person the authority reasonably believes may have an *interest in the property.

However, the authority need not give notice to the applicant for the order under subsection 24(1).

give written notice of an application for a restraining order covering property to the owner of the property (if the owner is known); and

include with the notice a copy of the application and any affidavit supporting the application.

give written notice of an application for a restraining order covering property to any other person the authority reasonably believes may have an *interest in the property; and

include with the notice:

a copy of the application; and

a further notice that the person may request that the authority give the person a copy of any affidavit supporting the application.

The authority must comply with any such request as soon as practicable.

subsection 17(3);

subsection 18(3);

paragraph 19(1)(e);

subsection 20(3);

subsection 20A(3).

an application is made under section 30 or 31; and

the court is satisfied that the relevant reason under subsection (2) or (3) for excluding the interest from the order exists.

for a restraining order under proceeds nor an instrument of unlawful activity; orsection 17 if the offence, or any of the offences, to which the order relates is a *serious offence—the interest is neither

for a restraining order under section 17 if paragraph (a) does not apply—the interest is neither proceeds nor an instrument of the offence, or any offence, to which the order relates; or

for a restraining order under section 18—the interest is neither:

in any case—proceeds of unlawful activity; nor

if an offence to which the order relates is a serious offence—an instrument of any serious offence; or

for a restraining order under section 19—the interest is neither:

in any case—proceeds of an indictable offence, a foreign indictable offence or an indictable offence of Commonwealth concern; nor

if an offence to which the order relates is a serious offence—an instrument of any serious offence.

there are no reasonable grounds to suspect that the interest is proceeds of the offence, or any of the offences;

there is a *suspect in relation to the order, but he or she has not been convicted of, or charged with, the offence, or any of the offences;

the conduct in question was not for the purpose of, in preparation for, or in contemplation of, any other indictable offence, any State indictable offence or any foreign indictable offence;

the interest could not have been covered by a restraining order if none of the offences had been serious offences.

the person who has the interest; or

if the interest is not held by the *suspect but is under his or her *effective control—the suspect.

must be made to the court that made the restraining order; and

may be made at any time after the restraining order is made.

was notified of the application for the restraining order, but did not appear at the hearing of that application; or

appeared at the hearing of that application.

if paragraph (2)(a) applies—the person had a good reason for not appearing; or

if paragraph (2)(b) applies—the person now has evidence relevant to the person’s application that was not available to the person at the time of the hearing; or

in either case—there are other special grounds for granting the leave.

all or part of the application or affidavit is not to be given to the person; or

the *responsible authority delay giving the notice (and the documents included with the notice) for a specified period;

if the authority requests the court to do so and the court considers that this is appropriate in order to protect the integrity of any investigation or prosecution.

is taken not to be acting in good faith for the purposes of section 36; and

is taken to have notice of the restraining order for the purposes of section 37.

the property is no longer covered by the order because it is excluded from the order under section 29 or 29A or because the property covered by the order is varied under section 39; or

a condition to which a restraining order is subject is varied under section 39.

not for *sufficient consideration; or

not in favour of a person who acted in good faith.

set aside the disposition or dealing from the day it occurred; or

set aside the disposition or dealing from the day on which the order is made and declare the rights of any persons who acquired *interests in the property on or after the day of the disposition or dealing and before the day on which the order is made.

the person disposes of, or otherwise deals with, property; and

the person knows that, or is reckless as to the fact that, the property is covered by a restraining order; and

the disposition or dealing contravenes the order.

the person disposes of, or otherwise deals with, property; and

the property is covered by a restraining order; and

the disposition or dealing contravenes the order; and

either:

particulars of the order were recorded in a register under subsection 34(1); or

the person was given notice of the order under section 33.

an order varying the property covered by the restraining order;

an order varying a condition to which the restraining order is subject;

an order relating to an undertaking required under section 21;

an order directing the *suspect in relation to the restraining order to give a sworn statement to a specified person, within a specified period, setting out all of his or her *interests in property, and his or her liabilities;

an order directing the owner or a previous owner of the property (including, if the owner or previous owner is a body corporate, a specified *director of the body corporate) to give a sworn statement to a specified person, within a specified period, setting out particulars of, or dealings with, the property;

if the court is satisfied that there are reasonable grounds to suspect that a person (other than the owner or a previous owner) has information relevant to identifying, locating or quantifying the property—an order directing the person to give a sworn statement to a specified person, within a specified period, setting out particulars of, or dealings with, the property;

if the Official Trustee is ordered under section 38 to take custody and control of property:

an order regulating the manner in which the Official Trustee may exercise its powers or perform its duties under the restraining order; or

an order determining any question relating to the property, including a question relating to the liabilities of the owner or the exercise of powers or the performance of duties of the Official Trustee; or

an order directing any person to do anything necessary or convenient to enable the Official Trustee to take custody and control of the property;

an order giving directions about the operation of the restraining order and any one or more of the following:

a forfeiture order that covers the same property as the restraining order;

a pecuniary penalty order or a literary proceeds order that relates to the same offence as the restraining order;

an order requiring a person whose property is covered by a restraining order, or who has *effective control of property covered by a restraining order, to do anything necessary or convenient to bring the property within the jurisdiction.

the *responsible authority; or

the owner of the property covered by the order; or

if the Official Trustee was ordered to take custody and control of the property—the Official Trustee; or

any other person who has the leave of the court.

the *responsible authority requests the court to do so; and

the restraining order to which the application relates was considered, in accordance with subsection 26(4), without notice having been given.

if it is made by the court that made the restraining order—when making the restraining order; or

in any case—at any time after the restraining order is made.

in criminal proceedings for giving false or misleading information; or

in proceedings on an application under this Act; or

in proceedings ancillary to an application under this Act; or

in proceedings for enforcement of a confiscation order.

the person is affected by the order; and

the application for the ancillary order was heard without notice having been given under subsection 39(3) following a request under subsection 39(3A).

the ancillary order directed a person to do a thing within a particular period; and

an application is made to revoke the order under this section;

the court may, if it considers it appropriate to do so, vary the order to extend that period by a specified period.

within 28 days after the person is notified of the order; or

if the person applies to the court, within that period of 28 days, for an extension of the time for applying for revocation—within such longer period, not exceeding 3 months, as the court allows.

there are no grounds on which to make the order at the time of considering the application to revoke the order; or

it is otherwise in the interests of justice to do so.

revoke a restraining order that covers a *suspect’s property; or

exclude specified property from such a restraining order;

if:

the suspect applies to the court to revoke the order or exclude the property; and

the suspect gives written notice of the application to the *responsible authority; and

the suspect gives security that is satisfactory to the court to meet any liability that may be imposed on the suspect under this Act.

revoke a restraining order that covers the property of a person who is not a *suspect; or

exclude specified property from such a restraining order;

if:

the person applies to the court to revoke the order or exclude the property; and

the person gives written notice of the application to the *responsible authority; and

the person gives an undertaking concerning the person’s property that is satisfactory to the court.

the charge, or all of the charges, that relate to the restraining order are withdrawn;

the *suspect is acquitted of the offence, or all of the offences, with which he or she was charged;

the suspect’s conviction for the offence, or all of the offences, of which he or she was convicted are quashed;

unless:

there is a confiscation order that relates to the offence; or

there is an application for such a confiscation order before the court; or

there is an application under:

Division 6 of Part 2-2; or

Division 4 of Part 2-3; or

Division 5 of Part 2-4 or 2-5;

for confirmation of a forfeiture, or a confiscation order, that relates to the offence; or

the suspect is charged with a *related offence; or

a new trial is ordered in relation to the offence.

Restraining orders if there is no conviction etc.

the *suspect has not been convicted of, or charged with, the offence, or at least one offence, to which the restraining order relates; and

(b) there is no *confiscation order or application for a confiscation order that relates to the offence.

Restraining orders and forfeiture orders etc.

either:

(i) the court refuses an application for a *forfeiture order that would have covered the property; or

the court excludes the property from a forfeiture order; or

a forfeiture order that covers the property is discharged or ceases to have effect; or

the court excludes the property under section 94 from forfeiture under Part 2-3; and

in the case of a refusal of an application for a forfeiture order:

the time for an appeal against the refusal has expired without an appeal being lodged; or

an appeal against the refusal has lapsed; or

an appeal against the refusal has been dismissed and finally disposed of; and

no application for another confiscation order relating to:

an offence to which the restraining order relates; or

a *related offence;

is yet to be determined; and

no other confiscation order relating to such an offence is in force.

a pecuniary penalty order or a literary proceeds order relates to that offence or those offences; and

one or more of the following occurs:

the pecuniary penalty order or the literary proceeds order is satisfied;

the property is sold or disposed of to satisfy the pecuniary penalty order or literary proceeds order;

the pecuniary penalty order or the literary proceeds order is discharged or ceases to have effect.

Restraining orders and instruments owned by third parties

a restraining order covers property of a person who is not a *suspect; and

the property is an instrument of an offence to which the order relates; and

the property is not proceeds of such an offence; and

the property is not an instrument of a *serious offence to which the order relates; and

the property is not subject to the *effective control of another person who is a suspect in relation to the order;

the restraining order ceases to be in force in respect of that property if the suspect has not been charged with the offence or a *related offence within 28 days after the restraining order is made.

Restraining orders and charges relating to unexplained wealth orders

a restraining order referred to in paragraph 179SA(1)(b) would otherwise cease to be in force under this section at a particular time; but

a charge on the property against which the restraining order was made is created by subsection 179SA(1) before that time;

then despite anything in subsection (1), (2), (3) or (6) of this section, the restraining order does not cease to be in force until the charge ceases to have effect in respect of the property in accordance with subsection 179SA(2).

Section does not apply to unexplained wealth restraining orders

no application for an unexplained wealth order had been made in relation to the *suspect to whom the restraining order relates before the restraining order was made; and

no such application has been made in relation to the suspect within 28 days after the restraining order was made.

an application for an unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and

the application is made within 28 days after the making of the restraining order; and

the court refuses to make either:

a preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or

the unexplained wealth order itself; and

one of the following applies:

the time for an appeal against the refusal has expired without an appeal being lodged;

an appeal against the refusal has lapsed;

an appeal against the refusal has been dismissed and finally disposed of.

an application for an unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and

the application is made within 28 days after the making of the restraining order; and

the court makes the unexplained wealth order; and

either:

the unexplained wealth order is complied with; or

an appeal against the unexplained wealth order has been upheld and finally disposed of.

Restraining orders made after application for unexplained wealth order

the restraining order was made at the same time as or after an application for an unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and

the court refuses to make either:

a preliminary unexplained wealth order in connection with the application for the unexplained wealth order; or

the unexplained wealth order itself; and

one of the following applies:

the time for an appeal against the refusal has expired without an appeal being lodged;

an appeal against the refusal has lapsed;

an appeal against the refusal has been dismissed and finally disposed of.

the restraining order was made at the same time as or after an application for an unexplained wealth order is made in relation to the *suspect to whom the restraining order relates; and

the court makes the unexplained wealth order (whether before or after the restraining order was made or applied for); and

either:

the unexplained wealth order is complied with; or

an appeal against the unexplained wealth order has been upheld and finally disposed of.

Court may make costs order if restraining order ceases

the *responsible authority for a restraining order under section 18 that covers the property applies for an order under this subsection; and

the restraining order has been in force for at least 6 months; and

the court is satisfied that a person whose conduct or suspected conduct formed the basis of the restraining order engaged in conduct constituting one or more *serious offences.

is an instrument of a *serious offence other than a terrorism offence; and

is not proceeds of an offence;

if the court is satisfied that it is not in the public interest to make the order.

a proceeds of crime authority applies for the order; and

a person has been convicted of one or more *indictable offences; and

the court is satisfied that the property to be specified in the order is proceeds of one or more of the offences.

a proceeds of crime authority applies for the order; and

a person has been convicted of one or more *indictable offences; and

subsection (1) does not apply; and

the court is satisfied that the property to be specified in the order is an instrument of one or more of the offences.

any hardship that may reasonably be expected to be caused to any person by the operation of the order; and

the use that is ordinarily made, or was intended to be made, of the property to be specified in the order; and

the gravity of the offence or offences concerned.

the *responsible authority for a restraining order under section 19 that covers the property applies for an order under this subsection; and

the restraining order has been in force for at least 6 months; and

the court is satisfied that one or more of the following applies:

the property is proceeds of one or more *indictable offences;

the property is proceeds of one or more *foreign indictable offences;

the property is proceeds of one or more *indictable offences of Commonwealth concern;

the property is an instrument of one or more *serious offences; and

the court is satisfied that the authority has taken reasonable steps to identify and notify persons with an *interest in the property.

need not be based on a finding that a particular person committed any offence; and

need not be based on a finding as to the commission of a particular offence, and can be based on a finding that some offence or other of a kind referred to in paragraph (1)(c) was committed.

no application has been made under restraining order; orDivision 3 of Part 2-1 for the property to be excluded from the

any such application that has been made has been withdrawn.

Refusal to make a forfeiture order

is an instrument of a *serious offence other than a terrorism offence; and

is not proceeds of an offence;

if the court is satisfied that it is not in the public interest to make the order.

the amount received from disposing of the combined interests would be likely to be greater than the amount received from disposing of each of the interests separately; or

disposing of the interests separately would be impracticable or significantly more difficult than disposing of the combined interests.

an order directing the Commonwealth to pay the person a specified amount as the value of the person’s interest in the property; or

an order directing that specified other interests in the property be transferred to the person.

the nature, extent and value of the person’s *interest in the property concerned; and

if the court is aware that any other person claims an interest in the property—the nature, extent and value of the interest claimed; and

any other matter that the court considers relevant.

the amount received from disposing of the combined interests specified in the forfeiture order; and

the sum of any payments of the kind referred to in paragraph 70(1)(b) in connection with the forfeiture order.

a court makes a forfeiture order against property; and

a person who claims to have had an *interest in the property before the forfeiture order was made has made an application under section 57A for an order under this section; and

the court is satisfied that the person had the interest immediately before the forfeiture order was made; and

the court is satisfied that the person is not a *suspect in relation to the forfeiture order; and

in a case where the property was covered by a restraining order when the forfeiture order was made—the court is satisfied that the person is not a suspect in relation to the restraining order; and

in a case where the forfeiture order was made under section 47 or 48—the court is satisfied that, when the conduct that is the subject of the forfeiture order occurred, the person had no knowledge of the conduct; and

in a case where the property was proceeds of an offence or an instrument of an offence—the court is satisfied that, when the property became proceeds of an offence or an instrument of an offence, the person had no knowledge of the conduct constituting the offence; and

the court is satisfied that, if the interest were to be transferred to the person under section 89:

the amount paid to the Commonwealth under paragraph 89(1)(c) would not be property that is covered by subsection (6); and

if the whole or a part of the amount paid to the Commonwealth under paragraph 89(1)(c) would be borrowed by the person under a loan—the person’s financial circumstances are such that the person will be able to repay the loan, meet the person’s eligible living expenses and meet any eligible debts of the person, using property that is not covered by subsection (6); and

the court is satisfied that:

it would not be contrary to the public interest for the interest to be transferred to the person; and

there is no other reason why the interest should not be transferred to the person;

the court may make an order:

declaring the nature, extent and value (as at the time when the order is made under this subsection) of the interest; and

declaring that the interest may be excluded, under section 89, from the operation of the forfeiture order.

the person’s reasonable living expenses;

the reasonable living expenses of any of the *dependants of the person;

the reasonable business expenses of the person.

property that is wholly or partly derived or realised by the person, directly or indirectly, from unlawful activity;

property that is used in, or in connection with, the commission of unlawful activity;

property that is intended to be used in, or in connection with, the commission of unlawful activity.

was notified of the application for the forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made; or

appeared at the hearing of the application for the forfeiture order.

if the person was notified of the application for the forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made—the person had a good reason for not making an application under subsection (1) before the forfeiture order was made; or

in any case:

the person now has evidence relevant to the making of the section 57 order that was not available to the person at the time the forfeiture order was made; or

there are other special grounds for granting the leave.

the Official Trustee has taken any action in relation to the property under section 70; and

it would not be practicable for the court to make an order in relation to the interest under section 57.

Other matters

an application has previously been made:

under this Division for an order under the same section of Division 1; or

under another law of the Commonwealth (other than Division 1); or

under a law of a non-governing ;

for the forfeiture or condemnation of the property in relation to the offence; and

the application has been finally determined on the merits.

the property to which the new application relates was identified only after the first application was determined; or

necessary evidence became available only after the first application was determined; or

it is in the interests of justice to grant the leave.

a proceeds of crime authority may apply for a forfeiture order under a section of Division 1 against property in relation to an offence even though an application has previously been made under a different section of Division 1 for forfeiture of that property in relation to that offence; and

a proceeds of crime authority may apply for a forfeiture order against property in relation to an offence even though an application has previously been made for a pecuniary penalty order or a literary proceeds order in relation to that offence.

if the order is sought relating to a person’s conviction of an offence—the person; and

any person who claims an *interest in property covered by the application; and

any person whom the authority reasonably believes may have an interest in that property.

on application by the *responsible authority; or

with the consent of the authority.

the court is satisfied that:

the property was not reasonably capable of identification when the application was originally made; or

necessary evidence became available only after the application was originally made; or

the forfeiture order applied for is an order under section 47 or 49 and the court is satisfied that:

including the additional property in the application for the order might have prejudiced the investigation of, or the prosecution of a person for, an offence; or

it is for any other reason appropriate to grant the application to amend.

the transcript of any proceeding against the person for an offence that constitutes unlawful activity; and

the evidence given in any such proceeding.

that property vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with; and

the *responsible authority has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the Commonwealth’s equitable interest in that property; and

the Commonwealth is entitled to be registered as the owner of that property; and

the Official Trustee has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth as the owner.

was, immediately before his or her death, the joint owner of property specified in the forfeiture order; but

died before the order was made, but:

after the *responsible authority applied for the order; or

while a restraining order covering the property was in force;

that property is taken to have vested in the Commonwealth immediately before the person’s death.

that property vests in equity in the Commonwealth; and

that property only vests in the Commonwealth at law to the extent permitted under the law in force in the place where that property is located; and

the *responsible authority has power, on behalf of the Commonwealth, to do anything necessary or convenient to:

give notice of, or otherwise protect, the Commonwealth’s equitable interest in that property; or

arrange for the enforcement of, or give effect to, the forfeiture order.

property specified in a forfeiture order is property located outside *Australia; and

under the law in force in the place where that property is located, that property vests in a person;

that property vests in that person under that law.

when:

if the period provided for lodging an appeal against the order has ended without such an appeal having been lodged—that period ends; or

if an appeal against the order has been lodged—the appeal lapses or is finally determined;

if the order was made in relation to a person’s conviction of an offence—when:

if the period provided for lodging an appeal against the conviction has ended without such an appeal having been lodged—that period ends; or

if an appeal against the conviction has been lodged—the appeal lapses or is finally determined.

if the person is to be taken to have been convicted of the offence because of paragraph 331(1)(b)—an appeal against the finding of the person guilty of the offence is taken to be an appeal against the conviction; and

if the person is to be taken to have been convicted of the offence because of paragraph 331(1)(c)—an appeal against the person’s conviction of the other offence referred to in that paragraph is taken to be an appeal against the conviction.

Controlled property

dispose of any property specified in the order that is not money; and

apply:

any amounts received from that disposal; and

any property specified in the order that is money;

to payment of its remuneration and other costs, charges and expenses of the kind referred to in subsection 288(1) payable to or incurred by it in connection with the disposal and with the restraining order that covered the property; and

apply:

any amounts received from that disposal; and

any property specified in the order that is money;

to payment of an associated GST entity’s liability (if any) to pay GST in connection with the disposal; and

credit the remainder of the money and amounts received to the Confiscated Assets Account as required by section 296.

the Minister; or

a senior Departmental officer authorised by the Minister for the purposes of this subsection;

may direct that the property be alternatively disposed of, or otherwise dealt with, as specified in the direction.

an order determining any question relating to the exercise of powers conferred on the Official Trustee under Division 3 of Part 4-1, or the performance of duties imposed on the Official Trustee under that Division, to the extent that those powers or duties relate to the property;

an order directing any person to do anything necessary or convenient to enable the Official Trustee to take custody and control of the property.

the *responsible authority; or

the person who, immediately before the making of the forfeiture order, was the owner of the property covered by that order; or

the Official Trustee; or

any other person who has the leave of the court.

the forfeiture order is not to be made under section 48; and

the court is satisfied that:

the forfeiture order would cause hardship to the dependant; and

the specified amount would relieve that hardship; and

if the dependant is aged at least 18 years—the dependant had no knowledge of the person’s conduct that is the subject of the forfeiture order.

what the court considers is likely to be the amount received from disposing of the *person’s property under the forfeiture order; and

what the court considers is likely to be the sum of any payments of the kind referred to in paragraph 70(1)(b) in connection with the forfeiture order.

a person applies for the exclusion order; and

the forfeiture order, or the forfeiture application, specifies property in which the applicant has an interest; and

if the forfeiture order was (or the forfeiture order applied for would be) made under section 47 or 49—the court is satisfied that the applicant’s interest in the property is neither of the following:

proceeds of unlawful activity;

if an offence on which the order was (or would be) based is a *serious offence—an instrument of any serious offence; and

if the forfeiture order was (or the forfeiture order applied for would be) made under section 48—the court is satisfied that the applicant’s interest in the property is neither proceeds nor an instrument of any of the offences to which the forfeiture order or forfeiture application relates.

specify the nature, extent and value (at the time of making the order) of the *interest concerned; and

direct that the interest be excluded from the operation of the relevant forfeiture order; and

if the interest has vested (in law or equity) in the Commonwealth under this Part and is yet to be disposed of—direct the Commonwealth to transfer the interest to the applicant; and

if the interest has vested (in law or equity) in the Commonwealth under this Part and has been disposed of—direct the Commonwealth to pay the applicant an amount equal to the value specified under paragraph (a).

was notified of the application for the forfeiture order, but did not appear at the hearing of that application; or

appeared at the hearing of that application.

if paragraph (3)(a) applies—the person had a good reason for not appearing; or

if paragraph (3)(b) applies—the person now has evidence relevant to the person’s application that was not available to the person at the time of the hearing; or

in either case—there are other special grounds for granting the leave.

(a) a person (the applicant) has applied for a compensation order; and

the court is satisfied that the applicant has an *interest in property specified in the forfeiture order or in the application for the forfeiture order; and

the court is satisfied that a proportion of the value of the applicant’s interest was not derived or realised, directly or indirectly, from the commission of any offence; and

the court is satisfied that the applicant’s interest is not an instrument of any offence; and

in the case of a court that is hearing or is to hear an application for a forfeiture order—the court makes the forfeiture order.

specify the proportion found by the court under paragraph (1)(c); and

direct the Commonwealth, once the property has vested absolutely in it, to:

if the property has not been disposed of—dispose of the property; and

pay the applicant an amount equal to that proportion of the difference between the amount received from disposing of the property and the sum of any payments of the kind referred to in paragraph 70(1)(b) in connection with the forfeiture order.

was notified of the application for the forfeiture order, but did not make an application under subsection (1) before the forfeiture order was made; or

appeared at the hearing of the application for the forfeiture order.

if paragraph (3)(a) applies—the person had a good reason for not making an application under subsection (1) before the forfeiture order was made; or

in either case:

the person now has evidence relevant to the making of the compensation order that was not available to the person at the time the forfeiture order was made; or

there are other special grounds for granting the leave.

the person’s conviction of the offence is subsequently quashed (whether or not the order relates to the person’s conviction of other offences that have not been quashed); and

the *responsible authority does not, within 14 days after the conviction is quashed, apply to the court that made the order for the order to be confirmed.

for 14 days after the conviction is quashed; and

if the *responsible authority makes such an application.

the person whose conviction was quashed; and

any person who claims, or prior to the forfeiture claimed, an *interest in property covered by the order; and

any person whom the authority reasonably believes may have had an interest in that property before the forfeiture.

the transcript of any proceeding against the person for:

the offence of which the person was convicted; or

if the person was taken to be convicted of that offence because of paragraph 331(1)(c)—the other offence referred to in that paragraph;

including any appeals relating to the conviction; and

the evidence given in any such proceeding.

it could have made a forfeiture order under quashed if, when the *responsible authority applied for an order under section 48, it had instead applied for an order under section 47; orsection 47 in relation to the offence in relation to which the person’s conviction was

it could have made a forfeiture order under the authority applied for an order under section 48, it had instead applied for an order under section 49.section 49 in relation to the offence in relation to which the person’s conviction was quashed if, when

to the extent that the order covers property that is:

in any case—proceeds of the offence; or

if the offence is a *serious offence—an instrument of the offence;

the order is taken not to be affected by the *quashing of the person’s conviction of the offence; but

to the extent that the order covers property that is:

in any case—not proceeds of the offence; and

if the offence is a serious offence—not an instrument of the offence;

the order is discharged.

a forfeiture order that covered that property is discharged by a court hearing an appeal against the making of the order; or

a forfeiture order that covered that property is discharged under section 81 or subsection 85(3); or

a forfeiture order that covered the property is discharged under subsection 85(2) in relation to that property.

if property specified in a forfeiture order is vested in the Commonwealth—an *interest in the property to be transferred to a person claiming to have had the interest in the property immediately before the order was made; or

if property specified in a forfeiture order is no longer vested in the Commonwealth—an amount equal to the value of the interest in the property to be paid to the person;

if:

the forfeiture order has been discharged in relation to the property:

by a court hearing an appeal against the making of the order; or

under section 81 or 85; and

the person applies to the Official Trustee, in writing, for the transfer of the interest to the person; and

the person had that interest in the property immediately before the order was made.

executing any instrument; and

applying for registration of an *interest in the property on any appropriate register.

makes a forfeiture order against property; and

makes an order under section 57 in respect of an *interest in the property;

then:

the payment to the Commonwealth, while the interest is still vested in the Commonwealth, of the amount specified in the order under section 57 as the value of the interest discharges the forfeiture order to the extent to which it relates to the interest; and

the Official Trustee:

must arrange for the interest to be transferred to the person in whom it was vested immediately before the property was forfeited to the Commonwealth; and

may, on behalf of the Commonwealth, do or authorise the doing of anything necessary or convenient to effect the transfer.

executing any instrument; and

making an application for registration of an *interest in the property on any appropriate register.

property is forfeited to the Commonwealth under this Part; and

(b) an interest in the property is required to be transferred to a person (the relevant person) under subsection 88(1) or 89(1), or under a direction under paragraph 73(2)(c); and

the relevant person’s interest in the property, immediately before the forfeiture took place, was not the only interest in the property; and

the relevant person gives written notice to each other person who had an interest in the property immediately before the forfeiture took place that:

the relevant person intends to purchase that other interest from the Commonwealth; and

the person served with the notice may, within 21 days after receiving the notice, lodge a written objection to the purchase of that other interest with the Minister and the Official Trustee; and

no person served with notice under paragraph (d) in relation to that other interest lodges a written objection to the purchase of that other interest with the Minister and the Official Trustee within the period referred to in that paragraph; and

the relevant person pays to the Commonwealth, while that other interest is still vested in the Commonwealth, an amount equal to the value of that other interest;

the Official Trustee must arrange for that other interest to be transferred to the relevant person.

the Minister; or

a senior Departmental officer authorised by the Minister for the purposes of this subsection;

may direct the Official Trustee to transfer that other interest to the person.

a person is convicted of a *serious offence; and

either:

at the end of that period, the property is covered by a restraining order under section 17 or 18 against the person that relates to the offence; or

the property was covered by such a restraining order against the person, but the order was revoked under section 44 or the property was excluded from the order under that section; and

the property is not subject to an order under section 94 excluding the property from forfeiture under this Part.

the restraining order was made before or after the person’s conviction of the *serious offence; or

immediately before forfeiture, the property is the *person’s property or another person’s property.

the 6 month period starting on the conviction day; or

if an extension order is in force at the end of that period—the extended period relating to that extension order.

under restraining order that covered particular property is revoked, or particular property is excluded from a restraining order; andsection 44, a

the security referred to in paragraph 44(1)(e), or the undertaking referred to in paragraph 44(2)(e), in connection with the revocation or exclusion is still in force;

the property is taken, for the purposes of this section, to be covered by the restraining order.

the date on which the property will be forfeited under this Part unless it is excluded from forfeiture; and

the effect of section 93 (which deals with *extension orders); and

that the person may be able to apply for an order under one of the following sections in relation to the property:

section 29 (which deals with the exclusion of property from *restraining orders);

section 94 (which deals with the exclusion of property from forfeiture);

section 94A (which deals with compensation).

an application for an extension order in relation to the property; and

an application under section 30, 31 or 94 in relation to the property.

an application for the order is made within 6 months after the start of the conviction day for the relevant conviction; and

the applicant has also applied to the court under:

section 30 or 31 to exclude property from the restraining order; or

section 94 to exclude the property that is covered by the restraining order from forfeiture under this Part; and

the court is satisfied that the applicant made the application under section 30, 31 or 94 without undue delay, and has since diligently followed up that application.

The extended period specified must end no later than 15 months from the start of the conviction day for the relevant conviction.

the date on which the property will be forfeited under this Part, in accordance with the extension order, unless it is excluded from forfeiture; and

the effect of subsections (2) and (3).

(a) a person (the applicant) has applied for an order under this section; and

the court is satisfied that the applicant has an *interest in property covered by the restraining order; and

a person has been convicted of a *serious offence to which the restraining order relates; and

the court is satisfied that the applicant’s interest in the property is neither proceeds of unlawful activity nor an instrument of unlawful activity; and

the court is satisfied that the applicant’s interest in the property was lawfully acquired.

(a) a person (the applicant) has applied for an order under this section; and

the court is satisfied that the applicant has an *interest in property covered, or that was at any time covered, by the restraining order; and

a person has been convicted of a *serious offence to which the restraining order relates; and

the court is satisfied that a proportion of the value of the applicant’s interest was not derived or realised, directly or indirectly, from the commission of any offence; and

the court is satisfied that the applicant’s interest is not an instrument of any offence.

specify the proportion found by the court under paragraph (1)(d); and

direct the Commonwealth, once the property has vested absolutely in it, to:

if the property has not been disposed of—dispose of the property; and

pay the applicant an amount equal to that proportion of the difference between the amount received from disposing of the property and the sum of any payments of the kind referred to in paragraph 100(1)(b) in connection with the forfeiture.

either:

was given a notice under subsection 92A(1) in relation to the property; or

was not given such a notice because of subsection 92A(2); and

did not make the application under subsection (3) before that forfeiture.

the person had a good reason for not making the application before the forfeiture; or

the person now has evidence relevant to the application that was not available before the forfeiture; or

there are special grounds for granting the leave.

that property vests in equity in the Commonwealth but does not vest in the Commonwealth at law until the applicable registration requirements have been complied with; and

the *responsible authority for the restraining order referred to in paragraph 92(1)(b) has power, on behalf of the Commonwealth, to do anything necessary or convenient to give notice of, or otherwise protect, the Commonwealth’s equitable interest in that property; and

the Commonwealth is entitled to be registered as the owner of that property; and

the Official Trustee has power, on behalf of the Commonwealth, to do, or authorise the doing of, anything necessary or convenient to obtain the registration of the Commonwealth as the owner.