New Powers to Restrain Assets and Recover Debts from Unexplained Wealth
Confiscation Amendment (Unexplained Wealth) Bill 2024
Legislative Assembly
Legislative Council
Assent
Topics
asset forfeiture financial crime freezing orders money laundering property restraint unexplained wealth
Introduced by: The Hon Anthony Carbines MP (ALP); The Hon Jaclyn Symes MLC (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The State can apply for an unexplained wealth order to create a civil debt if a person's wealth exceeds their lawfully acquired wealth by $200,000 or more.
Courts can issue restraining orders to freeze property to ensure it is available for forfeiture or to pay an unexplained wealth order.
Respondents to unexplained wealth orders must provide documentary evidence of transactions to prove their wealth was lawfully acquired.
Evidence given by a respondent during an unexplained wealth application cannot be used against them in other offence charges, though it remains admissible for perjury charges.
Property is forfeited to the Attorney-General if a person fails to pay the amount required by an unexplained wealth order within 90 days.
Investigative officers can apply for freezing orders to stop funds from being withdrawn from financial accounts.
Courts can issue production orders requiring people to hand over documents that identify or quantify property.
Financial institutions are required to provide transaction information to the state under court-issued monitoring orders.