{"id":"serious-and-organised-crime-unexplained-wealth-act-2009","name":"Serious and Organised Crime (Unexplained Wealth) Act 2009","slug":"serious-and-organised-crime-unexplained-wealth-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109902,"registerId":"sa-serious-and-organised-crime-unexplained-wealth-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Serious and Organised Crime (Unexplained Wealth) Act 2009","content":"South Australia\nSerious and Organised Crime (Unexplained Wealth) Act 2009\nAn Act to provide for the making and enforcement of unexplained wealth orders; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tMeaning of effective control\n5\tExtra-territorial operation\n6\tCriminal intelligence\n7\tRole of Crown Solicitor\nPart 2—Unexplained wealth orders\n8\tDetermining the value of property and benefits\n9\tUnexplained wealth orders\n10\tAppeals to Supreme Court\nPart 3—Investigative and enforcement powers\nDivision 1—Preliminary\n11\tApplication of Part\n12\tLimitation on exercise of powers and functions under Part\nDivision 2—Investigative notices, orders and warrants\n13\tNotices to deposit holders\n14\tMonitoring orders\n15\tOrders for obtaining information\n16\tWarrants\n17\tPowers conferred by warrant\n18\tExercise of jurisdiction\nDivision 3—Enforcement powers\n19\tEnforcement of unexplained wealth orders\n20\tRestraining orders\n21\tRefusal to make an order for failure to give undertaking\n22\tForm of restraining order\n23\tNotice of restraining order\n24\tRight of objection\n25\tVariation or revocation of restraining order\n26\tAppeals to Supreme Court\n27\tCessation of restraining order\n28\tContravention of restraining order\nDivision 4—General provisions relating to investigative and enforcement powers\n29\tRepresentation of Commissioner of Police\n30\tEx parte proceedings\n31\tImmunity from liability\n32\tMaking false or misleading statements\n33\tFailing to comply with notice or order\nPart 4—Reviews and expiry of Act\n34\tAnnual review and report as to exercise of powers\n35\tReview of operation of Act\n36\tExpiry of Act\n37\tAuthorisations by DPP\nPart 5—Miscellaneous\n38\tManner of giving notices\n39\tImmunity from liability\n40\tProtection from proceedings etc\n41\tProceedings under Act are civil proceedings\n42\tAncillary orders\n43\tConsent orders\n43A\tUse of evidence or information for purposes of Act\n44\tCosts\n45\tCredits to Victims of Crime Fund\n46\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Serious and Organised Crime (Unexplained Wealth) Act 2009.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nbenefit includes a service or advantage;\ncorresponding unexplained wealth order means an order made under a law of another State, a Territory or the Commonwealth that is of a kind declared by the regulations to be within this definition;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ndeposit holder means—\n\t(a)\tan ADI; or\n\t(b)\ta friendly society; or\n\t(c)\tan organisation that holds money in accounts on behalf of other persons; or\n\t(d)\ta person who carries on business as a pawnbroker; or\n\t(e)\tan institution of a kind declared by regulation to be a deposit holder;\nDPP means the Director of Public Prosecutions and includes a person acting in the position of Director of Public Prosecutions;\neffective control—see section 4;\nexecutive officer, in relation to a deposit holder or a corporation, means any person, by whatever name called and whether or not the person is a director of the deposit holder or corporation, who is concerned, or takes part, in the management of the deposit holder or corporation;\ngift includes a transaction (other than a transaction entered into in the ordinary course of trade or commerce) under which a person acquires property for less than a commercially adequate consideration;\ninterest, in relation to property, means—\n\t(a)\ta legal or equitable estate or interest in the property; or\n\t(b)\ta right, power or privilege in connection with the property,\nwhether present or future and whether vested or contingent;\npremises means any land, building, structure, vehicle, vessel or aircraft;\nproperty means real or personal property (tangible or intangible) including—\n\t(a)\ta chose in action; and\n\t(b)\tan interest in property;\nrestraining order means an order made under section 20;\nsafe custody facility includes any facility or arrangement through which a deposit holder accepts deposits or allows withdrawals and any other facility through which a deposit holder holds property on behalf of a person;\nunexplained wealth order means an order made under section 9;\nwealth of a person consists of the following:\n\t(a)\tall property that the person owns or has previously owned (including property acquired by the person before the commencement of this Act);\n\t(b)\tall other benefits that the person has at any time acquired (including benefits acquired by the person before the commencement of this Act);\n\t(c)\tall property that is, or has previously been, subject to the person's effective control (including property that became subject to the person's effective control before the commencement of this Act).\n\t(2)\tFor the purposes of this Act, property that is or has been subject to the effective control of a person will be taken to have been acquired by that person when the property became subject to the effective control of the person.\n4—Meaning of effective control\n\t(1)\tFor the purposes of this Act, the following principles apply when determining whether property is subject to the effective control of a person:\n\t(a)\tproperty may be subject to the effective control of a person whether or not the person has an interest in the property;\n\t(b)\tproperty that is held on trust for the ultimate benefit of a person is taken to be subject to the effective control of the person;\n\t(c)\tif a person is 1 of 2 or more beneficiaries under a discretionary trust, the following undivided proportion of the trust property is taken to be subject to the effective control of the person:\n\n\t(d)\tproperty may be subject to the effective control of a person even if 1 or more other persons have joint control of the property.\n\t(2)\tIn determining whether or not property is subject to the effective control of a person, regard may be had to—\n\t(a)\tsecurities (within the meaning of section 92 of the Corporations Act 2001 of the Commonwealth) in, or directorships of, a company that has an interest (whether direct or indirect) in the property; and\n\t(b)\ta trust that has a relationship to the property; and\n\t(c)\tfamily, domestic and business relationships between persons having an interest in the property, or in companies of the kind referred to in paragraph (a) or trusts of the kind referred to in paragraph (b), and other persons.\n5—Extra-territorial operation\nIt is the intention of the Parliament that this Act apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament.\n6—Criminal intelligence\n\t(1)\tNo information provided by the Commissioner of Police to the DPP or the Crown Solicitor for the purposes of this Act may be disclosed to any person (except to the Attorney‑General, a court, a person conducting a review under Part 4 or a person to whom the Commissioner of Police authorises its disclosure) if the information is classified by the Commissioner of Police as criminal intelligence.\n\t(2)\tIn any proceedings under this Act, the court determining the proceedings—\n\t(a)\tmust, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Commissioner of Police by way of affidavit.\n\t(3)\tThe Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.\n7—Role of Crown Solicitor\n\t(1)\tFor the avoidance of doubt, where this Act specifies that a power or function is to be exercised by the Crown Solicitor, the Crown Solicitor exercises an independent discretion in relation to that power or function and does not act on the instructions of any other person or body.\n\t(2)\tIn proceedings under this Act the Crown Solicitor acts as a model litigant for, and on behalf of, the State.\nPart 2—Unexplained wealth orders\n8—Determining the value of property and benefits\nThe following provisions apply when determining the value of any property or benefits for the purposes of this Part:\n\t(a)\tthe value of any property or benefit that has been disposed of, used, consumed or is for any other reason no longer available will be taken to be—\n\t(i)\tthe value of the property or benefit at the time it was acquired; or\n\t(ii)\tthe value of the property or benefit immediately before it was disposed of, used, consumed or otherwise ceased to be available,\nwhichever is the higher;\n\t(b)\tthe value of any other property or benefit will be taken to be—\n\t(i)\tthe value of the property or benefit at the time it was acquired; or\n\t(ii)\tthe value of the property or benefit on the day that the application for an unexplained wealth order was made,\nwhichever is the higher.\n9—Unexplained wealth orders\n\t(1)\tIf the DPP reasonably suspects that a person has wealth that has not been lawfully acquired, the DPP may authorise the Crown Solicitor to make an application to the District Court under this section.\n\t(2)\tIf, on an application by the Crown Solicitor under this section, the Court finds that any components of a person's wealth specified in the application have not been lawfully acquired, the Court may make an order (an unexplained wealth order) that the person pay to the Crown a specified amount.\n\t(3)\tIf the Court makes findings as to a person's wealth as specified in subsection (2), the Court should make an unexplained wealth order specifying an amount equal to the value of those components of the person's wealth that have not been lawfully acquired unless the Court determines that it would be manifestly unjust to make such an order (in which case the Court may reduce the amount payable or decline to make the order, as the Court thinks fit).\n\t(4)\tThe application—\n\t(a)\tmust specify with sufficient particularity the components of the person's wealth to which the application relates; and\n\t(b)\tsubject to subsection (6), must be served on the person and on any other persons that should, in the opinion of the Court, be served with the application.\n\t(5)\tThe Court may allow the Crown Solicitor to subsequently vary the components of the person's wealth specified in the application (and may, in such a case, make any consequential orders as to service of the application as so varied that the Court thinks fit).\n\t(6)\tThe Court may hear and determine an application in the absence of a party if—\n\t(a)\tthe Court is satisfied that the person cannot be found; or\n\t(b)\tthe person fails to appear after being given reasonable notice of the application.\n\t(7)\tFor the purposes of this section, each component of a person's wealth specified in the application will be presumed not to have been lawfully acquired unless the person proves otherwise.\n\t(8)\tProperty or a benefit that has been acquired by a person on the payment of any consideration will only be taken to have been lawfully acquired by the person for the purposes of this Part if the consideration given for the property or benefit was lawfully acquired.\n\t(9)\tProperty or a benefit that has been acquired by a person as a prize or as the proceeds of any form of gaming will only be taken to have been lawfully acquired by the person for the purposes of this Part if any money or other item of value used by the person for the purposes of entering the prize draw or for the purposes of the gaming (as the case may be) was lawfully acquired.\n\t(10)\tProperty or a benefit that has been acquired by a person as a gift or on the distribution of the estate of a deceased person will only be taken to have been lawfully acquired for the purposes of this Part if the donor of the gift or the deceased person (as the case may be) lawfully acquired the property or benefit.\n\t(11)\tIf, in determining an application under this section relating to wealth of a person, the Court is satisfied—\n\t(a)\tthat it is not reasonably possible for the person to establish that a component of his or her wealth was lawfully acquired (due to the effluxion of time, the circumstances in which that component was acquired or any other reason); and\n\t(b)\tthat the person has acted in good faith,\nthe Court may determine that that component should be excluded from the application.\n\t(12)\tThe Court must not make an unexplained wealth order relating to—\n\t(a)\tproperty that has been forfeited under any Act or law (whether of the State or another jurisdiction); or\n\t(b)\tproperty or benefits in respect of which a pecuniary penalty order has been made against the person under the Criminal Assets Confiscation Act 2005; or\n\t(c)\tliterary proceeds in respect of which a literary proceeds order has been made against the person under the Criminal Assets Confiscation Act 2005; or\n\t(d)\tproperty or benefits that have comprised (wholly or in part) the basis for a previous unexplained wealth order, or a corresponding unexplained wealth order.\n10—Appeals to Supreme Court\n\t(1)\tThe Crown Solicitor or a person subject to an unexplained wealth order may appeal to the Supreme Court against a decision of the District Court on an application under this Part.\n\t(2)\tAn appeal lies as of right on a question of law and with permission on a question of fact.\n\t(3)\tAn appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.\n\t(4)\tOn an appeal, the Supreme Court may—\n\t(a)\tconfirm, vary or revoke the decision subject to appeal; and\n\t(b)\tmake any ancillary orders that the Supreme Court considers appropriate.\nPart 3—Investigative and enforcement powers\nDivision 1—Preliminary\n11—Application of Part\nSubject to this Part, the powers and functions specified in this Part may be exercised for the purpose of investigating, or restraining, wealth of a person either before or after an unexplained wealth order, or an application for an unexplained wealth order, has been made against the person.\n12—Limitation on exercise of powers and functions under Part\n\t(1)\tPowers and functions under this Part may not be exercised before an unexplained wealth order has been made unless—\n\t(a)\tthe powers and functions are exercised for the purpose of investigating, or restraining, wealth of a person who—\n\t(i)\thas been convicted of a serious offence or declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935 in relation to a charge of a serious offence; or\n\t(ii)\tis, or has been, the subject of a control order; or\n\t(b)\tthe DPP has authorised the exercise of those powers or functions.\n\t(2)\tThe DPP may not authorise the exercise of powers and functions under this Part unless satisfied that the powers and functions are to be exercised for the purpose of investigating, or restraining, wealth of a person who the DPP reasonably suspects of being—\n\t(a)\ta person who engages or has engaged in serious criminal activity; or\n\t(b)\ta person who regularly associates, or has regularly associated, with persons who engage, or have engaged, in serious criminal activity; or\n\t(c)\ta person who is, or has been, a member of an organisation that is, at the time at which the authorisation of the DPP is sought, a declared organisation; or\n\t(d)\ta person who has acquired property or a benefit as a gift from a person of a kind referred to in paragraph (a), (b) or (c) or on the distribution of the estate of a deceased person who was a person of a kind referred to in paragraph (a), (b) or (c).\n\t(3)\tInformation provided to the DPP under this section must not be disclosed to any person (except to the Attorney‑General, a person conducting a review under Part 4 or a person to whom the Commissioner of Police authorises its disclosure).\n\t(4)\tA court must not determine proceedings under this Part unless satisfied that the proceedings—\n\t(a)\trelate to investigating, or restraining, wealth of a person in relation to whom an unexplained wealth order has been made; or\n\t(b)\tare authorised under this section.\n\t(5)\tIn this section—\ncontrol order means a control order under the Serious and Organised Crime (Control) Act 2008;\ndeclared organisation has the same meaning as in the Serious and Organised Crime (Control) Act 2008;\nmember, in relation to a declared organisation, has the same meaning as in the Serious and Organised Crime (Control) Act 2008;\nserious criminal activity means the commission of serious offences;\nserious offence has the same meaning as in the Criminal Assets Confiscation Act 2005.\nDivision 2—Investigative notices, orders and warrants\n13—Notices to deposit holders\n\t(1)\tA police officer of or above the rank of Superintendent may give a written notice to a deposit holder requiring the deposit holder to provide to the Commissioner of Police any information or documents relevant to any of the following:\n\t(a)\tdetermining whether an account is held by a specified person with the deposit holder;\n\t(b)\tdetermining whether a specified person is a signatory to an account;\n\t(c)\tif a person holds an account with the deposit holder—the current balance of the account;\n\t(d)\tdetermining whether any related accounts are held with the deposit holder and the names of those who hold those accounts.\n\t(2)\tA notice must—\n\t(a)\tstate that the notice is given under this Act; and\n\t(b)\tspecify the information or documents required to be provided; and\n\t(c)\tspecify the form and manner in which the information or documents are to be provided; and\n\t(d)\tstate that the information or documents must be provided within 14 days of the day on which the notice was given; and\n\t(e)\tif the notice specifies that information about the notice must not be disclosed—set out the effect of subsections (3) and (4); and\n\t(f)\tset out the effect of section 33.\n\t(3)\tIf a notice given to a deposit holder under this section specifies that information about the notice must not be disclosed, a person who either—\n\t(a)\tdiscloses the existence or nature of the notice to another person; or\n\t(b)\tdiscloses information to another person from which the other person could infer the existence or nature of the notice,\nis guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(4)\tSubsection (3) does not apply if the disclosure—\n\t(a)\tis necessary to comply with the notice; or\n\t(b)\tis made for the purpose of obtaining legal advice or legal representation in relation to the notice; or\n\t(c)\tis made for the purposes of, or in the course of, legal proceedings.\n14—Monitoring orders\n\t(1)\tA court may, on application by the Commissioner of Police make an order (a monitoring order) requiring a deposit holder to report, as soon as practicable, transactions of a kind specified in the order relevant to identifying, tracing, locating or valuing a person's wealth.\n\t(2)\tAn application to a court under this section must be accompanied by an affidavit that specifies how the transactions to which the application relates are relevant to identifying, tracing, locating or valuing a person's wealth.\n\t(3)\tA monitoring order must—\n\t(a)\tspecify the kind of information the deposit holder is required to give; and\n\t(b)\tspecify the form and manner in which the information is to be given; and\n\t(c)\tset out the effect of subsections (6) and (7); and\n\t(d)\tset out the effect of section 33.\n\t(4)\tSubject to subsection (5), a monitoring order remains in force for a period of not more than 6 months specified in the order.\n\t(5)\tA court that has made a monitoring order may, on application by the Commissioner of Police or the deposit holder, extend, vary or revoke the order.\n\t(6)\tIf a monitoring order is made, a person who—\n\t(a)\tdiscloses the existence or nature of the order to another person; or\n\t(b)\tdiscloses information to another person from which the other person could infer the existence or nature of the order,\nis guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(7)\tSubsection (6) does not apply if the disclosure—\n\t(a)\tis authorised by the order; or\n\t(b)\tis necessary to comply with the order; or\n\t(c)\tis made for the purpose of obtaining legal advice or legal representation in relation to the order; or\n\t(d)\tis made for the purposes of, or in the course of, legal proceedings.\n15—Orders for obtaining information\n\t(1)\tA court may, on application by the Commissioner of Police, make an order of 1 or both of the following kinds:\n\t(a)\tan order requiring a person to give oral or affidavit evidence to the court on questions relevant to identifying, tracing, locating or valuing a person's wealth;\n\t(b)\tan order requiring a person to produce before the court documents or other materials relevant to identifying, tracing, locating or valuing a person's wealth.\n\t(2)\tAn application to a court under this section must be accompanied by an affidavit that specifies how the evidence, documents or materials to which the application relates are relevant to identifying, tracing, locating or valuing a person's wealth.\n\t(3)\tIf a person is ordered to give evidence or to produce documents or other materials under this section, the Commissioner of Police must ensure that a copy of the order is served on the person, in accordance with any directions of the court, and that the person is advised that the order was made under this section.\n\t(4)\tA person ordered to give evidence or to produce documents or other materials may not refuse to give the evidence, or to produce documents or materials, on the ground that the evidence, or the contents of the documents or materials, would tend to incriminate the person of an offence, but evidence so given or documents or materials so produced cannot be used against that person in proceedings in which that person is charged with an offence (other than proceedings for an offence the basis of which is a charge that the person knowingly provided false or misleading information in the evidence so given or the documents or materials so produced).\n\t(5)\tIf a person is ordered to give evidence or to produce documents or other materials under this section, the court may order the Crown to pay the person's legal costs in connection with complying with that order (which may be costs as between solicitor and client) or such part of those costs as is determined by the court.\n16—Warrants\n\t(1)\tA court may, on application by the Commissioner of Police, issue a warrant authorising—\n\t(a)\tthe seizure of a document or article relevant to identifying, tracing, locating or valuing a person's wealth;\n\t(b)\tthe search of a particular person, or particular premises, and the seizure of documents and articles of a kind referred to in paragraph (a) found in the course of the search.\n\t(2)\tSubject to this section, an application to a court under this section must be accompanied by an affidavit that specifies—\n\t(a)\tin the case of a warrant referred to in subsection (1)(a)—how the documents and articles to which the application relates are relevant to identifying, tracing, locating or valuing a person's wealth; or\n\t(b)\tin the case of a warrant referred to in subsection (1)(b)—why it is believed that the person or premises to which the application relates might have or contain documents or articles relevant to identifying, tracing, locating or valuing a person's wealth.\n\t(3)\tAn application for a warrant may be made to a judicial officer of a court by telephone if, in the opinion of the applicant, a warrant is urgently required and there is not enough time to make the application personally.\n\t(4)\tIf an application for a warrant is made by telephone—\n\t(a)\tthe applicant must inform the judicial officer that he or she is acting on behalf of the Commissioner of Police, and the judicial officer, on receiving that information, is entitled to assume, without further inquiry, that the applicant is so acting; and\n\t(b)\tthe applicant must inform the judicial officer—\n\t(i)\tin the case of a warrant referred to in subsection (1)(a)—how the documents and articles to which the application relates are relevant to identifying, tracing, locating or valuing a person's wealth; or\n\t(ii)\tin the case of a warrant referred to in subsection (1)(b)—why it is believed that the person or premises to which the application relates might have or contain documents or articles relevant to identifying, tracing, locating or valuing a person's wealth; and\n\t(c)\tif it appears to the judicial officer from the information given by the applicant that there are proper grounds to issue a warrant, the judicial officer must inform the applicant of the facts that justify, in the judicial officer's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the judicial officer may then make out and sign a warrant, noting on the warrant the facts that justify, in the opinion of the judicial officer, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the judicial officer; and\n\t(f)\tthe judicial officer must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must fill out and sign a warrant form (the duplicate warrant) that—\n\t(i)\tsets out the name of the judicial officer who issued the original and the terms of the warrant; and\n\t(ii)\tcomplies with any other requirements prescribed by regulation; and\n\t(h)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the judicial officer an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.\n\t(5)\tA judicial officer by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the facts referred to in subsection (4)(c), in the relevant court.\n17—Powers conferred by warrant\n\t(1)\tA warrant authorises any police officer, with assistants the officer considers necessary—\n\t(a)\tto seize documents and other articles relevant to identifying, tracing, locating or valuing a person's wealth referred to in the warrant;\n\t(b)\tif the warrant authorises the search of a person—to search that person and seize anything suspected on reasonable grounds to be a document or other article relevant to identifying, tracing, locating or valuing a person's wealth;\n\t(c)\tif the warrant authorises the search of premises—to enter and search the premises and anything in the premises and seize anything suspected on reasonable grounds to be a document or other article relevant to identifying, tracing, locating or valuing a person's wealth.\n\t(2)\tA warrant must not be executed between the hours of 7 o'clock in the evening and 7 o'clock in the following morning unless the judicial officer by whom the warrant is issued expressly authorises its execution between those hours.\n\t(3)\tA police officer, or a person assisting a police officer, may use such force as is reasonably necessary for the execution of the warrant.\n\t(4)\tA police officer who executes a warrant—\n\t(a)\tmust prepare a notice in the prescribed form containing—\n\t(i)\tthe officer's name and rank; and\n\t(ii)\tthe name of the judicial officer who issued the warrant and the date and time of its issue; and\n\t(iii)\ta description of anything seized under the warrant; and\n\t(b)\tmust, as soon as practicable after execution of the warrant—\n\t(i)\tin the case of a warrant authorising search of a person—give the notice to the person;\n\t(ii)\tin any other case—give the notice to the occupier of the premises or leave it in a prominent position on those premises.\n\t(5)\tA warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.\n18—Exercise of jurisdiction\nThe jurisdiction of a court under this Division may be exercised by a judicial officer sitting in chambers.\nDivision 3—Enforcement powers\n19—Enforcement of unexplained wealth orders\n\t(1)\tIf an amount payable under an unexplained wealth order remains unpaid 21 days after the making of the order, the order may be enforced under the Enforcement of Judgments Act 1991.\n\t(2)\tIf—\n\t(a)\ta person is subject to an unexplained wealth order; and\n\t(b)\tthe Commissioner of Police applies to a court for an order under this subsection; and\n\t(c)\tthe court is satisfied that particular property is subject to the effective control of the person,\nthe court may make an order declaring that the whole, or a specified part, of that property is to be taken to be property of the person for the purposes of the Enforcement of Judgments Act 1991.\n\t(3)\tThe Commissioner of Police must, on applying for an order under subsection (2) relating to particular property, give written notice of the application to—\n\t(a)\tthe person who is subject to the unexplained wealth order; and\n\t(b)\tany person whom the Commissioner of Police has reason to believe may have an interest in the property; and\n\t(c)\tany other persons that should, in the opinion of the court, be given notice of the application.\n\t(4)\tThe person who is subject to the unexplained wealth order, and any person who claims an interest in the property, may appear and adduce evidence at the hearing of the application.\n20—Restraining orders\n\t(1)\tA court may, on application by the Commissioner of Police, make an order (a restraining order) preventing—\n\t(a)\tthe disposal of specified property; or\n\t(b)\tspecified kinds of transactions involving safe custody facilities,\nexcept in the manner and circumstances, if any, specified in the order.\n\t(2)\tA court may only make a restraining order if satisfied that the order is reasonably necessary to ensure payment of an amount that is, or may become, payable under an unexplained wealth order (and the application for the order must be accompanied by an affidavit setting out matters that would justify such a finding).\n\t(3)\tA restraining order may be subject to such conditions as the court thinks fit.\n\t(4)\tIn determining whether or not to make a restraining order, or the terms of a restraining order, the court must have regard to any serious hardship that may be caused to any person as a result of the order.\n21—Refusal to make an order for failure to give undertaking\n\t(1)\tA court may refuse to make a restraining order if the Crown refuses or fails to give the court an appropriate undertaking with respect to the payment of any costs that may be awarded against the Crown in accordance with section 44.\n\t(2)\tThe Commissioner of Police may give such an undertaking on behalf of the Crown.\n22—Form of restraining order\n\t(1)\tA restraining order must—\n\t(a)\tset out the terms of the order; and\n\t(b)\tsubject to subsection (2)—include a statement of the court's reasons for issuing the order; and\n\t(c)\tif the order was made on an application made without notice to any person—set out an explanation of the right of objection under section 24.\n\t(2)\tA statement of the court's reasons for issuing the order must not contain information that must not be disclosed in accordance with section 6.\n\t(3)\tA copy of the affidavit that accompanied the application for the order must be attached to the restraining order unless disclosure of information included in the affidavit would be in breach of section 6.\n\t(4)\tIf disclosure of information included in the affidavit would be in breach of section 6, an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, may be attached to the restraining order.\n23—Notice of restraining order\n\t(1)\tIf a court makes a restraining order prohibiting the disposal of property, the Commissioner of Police should give written notice of the order (including a copy of the order) to—\n\t(a)\tthe person who is the owner of the property; and\n\t(b)\tany person who has an interest in the property; and\n\t(c)\tany other persons that should, in the opinion of the court, be given notice of the order.\n\t(2)\tIf a court makes a restraining order prohibiting transactions, the Commissioner of Police should give written notice of the order (including a copy of the order) to—\n\t(a)\tthe relevant deposit holder; and\n\t(b)\tany person who, but for the prohibition in the restraining order, would have had a legal entitlement to enter into the transaction; and\n\t(c)\tany other persons that should, in the opinion of the court, be given notice of the order.\n\t(3)\tFor the purposes of this section, written notice of an order will be taken to have been given to a deposit holder or a corporation if it is given to an executive officer of the deposit holder or corporation (as the case requires).\n24—Right of objection\n\t(1)\tIf a restraining order is made on an application made without notice to any person, a person who has been, or should have been, given notice of the order under section 23 may lodge a notice of objection with the court that made the order within 14 days after becoming aware of the making of the order (or such longer period as the court may allow).\n\t(2)\tThe grounds of the objection must be stated fully and in detail in the notice of objection.\n\t(3)\tA copy of the notice of objection must be served by the objector on the Commissioner of Police by registered post at least 7 days before the day appointed for hearing of the notice.\n\t(4)\tThe court must, when determining a notice of objection, consider whether, in the light of the evidence presented by both the Commissioner of Police and the objector, sufficient grounds existed for the making of the restraining order.\n\t(5)\tThe court may, on hearing a notice of objection—\n\t(a)\tconfirm, vary or revoke the restraining order; and\n\t(b)\tmake any other orders of a kind that could have been made by the court on the making of the restraining order.\n25—Variation or revocation of restraining order\n\t(1)\tA court may vary or revoke a restraining order made by the court on application—\n\t(a)\tby the Commissioner of Police; or\n\t(b)\tby a person who was, or should have been, given notice of the order under section 23.\n\t(2)\tAn application for variation or revocation of a restraining order may only be made by a person referred to in subsection (1)(b) with the permission of the court.\n\t(3)\tThe court must, before varying or revoking a restraining order under this section, allow all parties a reasonable opportunity to be heard on the matter.\n\t(4)\tIf an application for variation or revocation of a restraining order is made in order to allow the payment of legal costs of a person, the court may only vary or revoke the order if satisfied that the person has no other source of funds (within or outside the State) to which he or she could reasonably have recourse for the legal costs.\n26—Appeals to Supreme Court\n\t(1)\tThe Commissioner of Police or a person who has been, or should have been, given notice of an order under section 23 may appeal to the Supreme Court against a decision of a court under this Division.\n\t(2)\tAn appeal lies as of right on a question of law and with permission on a question of fact.\n\t(3)\tAn appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.\n\t(4)\tThe commencement of an appeal under this section does not affect the operation of the restraining order to which the appeal relates.\n\t(5)\tOn an appeal, the Supreme Court may confirm, vary or reverse the decision appealed against.\n27—Cessation of restraining order\n\t(1)\tA restraining order, of a kind referred to in section 20(1)(a), relating to property will be taken to have been discharged—\n\t(a)\tin a case where no unexplained wealth order had been made when the restraining order was made—if 1 or more of the following occurs:\n\t(i)\tno application is made, within 21 days after the making of the restraining order, for an unexplained wealth order against an owner of the property, or a person who effectively controls the property;\n\t(ii)\twhere application is made, within 21 days after the making of the restraining order, for an unexplained wealth order against an owner of the property, or a person who effectively controls the property—that application is withdrawn;\n\t(iii)\tthe District Court refuses an application to make an unexplained wealth order against an owner of the property, or a person who effectively controls the property; or\n\t(b)\tin any other case—if 1 or more of the following occurs:\n\t(i)\tthe unexplained wealth order is satisfied;\n\t(ii)\tthe property is sold or disposed of to satisfy the unexplained wealth order;\n\t(iii)\tthe unexplained wealth order is revoked, discharged or otherwise ceases to have effect.\n\t(2)\tA restraining order, of a kind referred to in section 20(1)(b), relating to transactions will be taken to have been discharged—\n\t(a)\tin a case where no unexplained wealth order had been made when the restraining order was made—if 1 or more of the following occurs:\n\t(i)\tno application is made, within 21 days after the making of the restraining order, for an unexplained wealth order against any person who has the legal authority to engage in the transactions;\n\t(ii)\twhere application is made, within 21 days after the making of the restraining order, for an unexplained wealth order against a person who has the legal authority to engage in the transactions—that application is withdrawn;\n\t(iii)\tthe District Court refuses an application to make an unexplained wealth order against a person who has the legal authority to engage in the transactions; or\n\t(b)\tin any other case—if 1 or more of the following occurs:\n\t(i)\tthe unexplained wealth order is satisfied;\n\t(ii)\tthe unexplained wealth order is revoked, discharged or otherwise ceases to have effect.\n28—Contravention of restraining order\n\t(1)\tA person is guilty of an offence if the person, knowing of the existence of a restraining order—\n\t(a)\tdeals with or permits a dealing with property that is subject to the order; or\n\t(b)\tengages in, facilitates or permits a transaction that is subject to the order,\ncontrary to the terms of the order.\nMaximum penalty: $20 000 or imprisonment for 4 years.\n\t(2)\tA person is guilty of an offence if—\n\t(a)\tthe person deals with or permits a dealing with property, or engages in, facilitates or permits a transaction, subject to a restraining order; and\n\t(b)\tby so doing, contravenes the order (whether or not the person knows or is reckless as to that fact); and\n\t(c)\tthe person was given notice of the order under section 23.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(3)\tA dealing with property or a transaction contrary to this section is void against anyone except a person who acquires an interest in property in good faith for value and without notice of the terms of the order.\n\t(4)\tThis section does not limit the jurisdiction of the Court to deal with a contravention of a restraining order as a contempt of court.\nDivision 4—General provisions relating to investigative and enforcement powers\n29—Representation of Commissioner of Police\nIn proceedings under this Part, the Commissioner of Police may be represented—\n\t(a)\tby a police officer; or\n\t(b)\tby counsel.\n30—Ex parte proceedings\nA court may make an order under this Part on an application made without notice to any person.\n31—Immunity from liability\nNo liability attaches to a person in relation to any action taken by the person under a notice or order under this Part or in the mistaken belief that action was required under a notice or order under this Part.\n32—Making false or misleading statements\nA person who knowingly or recklessly makes a false or misleading statement (whether orally, in a document or in any other way) in, or in connection with, a notice or order under this Part is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n33—Failing to comply with notice or order\nA person who refuses or fails to comply with a notice or order under this Part is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\nPart 4—Reviews and expiry of Act\n34—Annual review and report as to exercise of powers\n\t(1)\tThe Attorney‑General must, before 1 July in each year (other than the calendar year in which this section comes into operation), appoint a retired judicial officer to conduct a review to determine whether powers under this Act were exercised in an appropriate manner during the period of 12 months preceding that 1 July.\n\t(2)\tThe Attorney‑General, the DPP, the Crown Solicitor and the Commissioner of Police must ensure that a person appointed to conduct a review is provided with such information as he or she may require for the purpose of conducting the review.\n\t(3)\tA person conducting a review must maintain the confidentiality of information provided to the person that is classified by the Commissioner of Police as criminal intelligence.\n\t(4)\tA report on a review must be presented to the Attorney‑General on or before 30 September in each year.\n\t(5)\tThe Attorney‑General must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.\n\t(6)\tIn this section—\njudicial officer means a person appointed as a judge of the Supreme Court or the District Court or a person appointed as judge of another State or Territory or of the Commonwealth.\n35—Review of operation of Act\n\t(1)\tThe Attorney‑General must, as soon as practicable after the fourth anniversary of the commencement of this section, conduct a review of the operation and effectiveness of this Act.\n\t(2)\tThe Attorney‑General, or any person conducting the review on behalf of the Attorney‑General, must maintain the confidentiality of information provided to the Attorney‑General or other person that is classified by the Commissioner of Police as criminal intelligence.\n\t(3)\tThe Attorney‑General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.\n36—Expiry of Act\nThis Act will expire 20 years after the date on which this section comes into operation.\n37—Authorisations by DPP\n\t(1)\tAn authorisation given by the DPP for the purposes of section 9 or section 12 lapses 3 years after the date on which it was given.\n\t(2)\tIn any proceedings—\n\t(a)\ta certificate of the DPP certifying that the exercise of powers or functions specified in the certificate has been authorised in accordance with section 9 or section 12 is conclusive evidence of the matters so certified; and\n\t(b)\tan apparently genuine document purporting to be a certificate of the DPP under this subsection is to be accepted in any proceedings as such a certificate in the absence of proof to the contrary.\n\t(3)\tThe DPP may not delegate any powers or functions of the DPP under section 9 or section 12.\nPart 5—Miscellaneous\n38—Manner of giving notices\nA notice, order or other document required or authorised by this Act to be given to or served on a person may be given or served—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or an agent of the person at the person's or agent's last known place of residence or business; or\n\t(d)\tin any other manner prescribed by regulation.\n39—Immunity from liability\nExcept as specifically provided in this Act, no civil or criminal liability attaches to—\n\t(a)\tthe Attorney‑General, the DPP, the Crown Solicitor, the Commissioner of Police or any other person exercising powers and functions under this Act; or\n\t(b)\tthe Crown,\nin respect of an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act.\n40—Protection from proceedings etc\n\t(1)\tNo proceeding for judicial review or for a declaration, injunction, writ, order or other remedy may be brought to challenge or question—\n\t(a)\ta decision or determination, or purported decision or determination, of the DPP or the Crown Solicitor under this Act; or\n\t(b)\tprocedures adopted by the DPP or the Crown Solicitor under this Act or purportedly adopted by the DPP or the Crown Solicitor under this Act; or\n\t(c)\tan act, omission, matter or thing incidental or relating to the operation of this section.\n\t(2)\tNeither the DPP nor the Crown Solicitor are required to provide procedural fairness in exercising powers or performing functions under this Act.\n41—Proceedings under Act are civil proceedings\nExcept in relation to an offence under this Act—\n\t(a)\tproceedings under this Act are civil proceedings; and\n\t(b)\tany question of fact to be decided by a court on an application under this Act is to be decided on the balance of probabilities; and\n\t(c)\tthe rules of construction applicable only in relation to the criminal law do not apply in the interpretation of this Act; and\n\t(d)\tthe rules of evidence applicable in civil proceedings apply to proceedings under this Act.\n42—Ancillary orders\n\t(1)\tA court may, when making an order under this Act or at any later time, make any ancillary orders that the court considers appropriate.\n\t(2)\tWithout limiting subsection (1), the court may make an ancillary order requiring that information about an order not be disclosed to a particular person or class of persons.\n43—Consent orders\nA court may make an order in proceedings under this Act with the consent of the parties to the proceedings (and such an order may be made without consideration of the matters that the court would otherwise be obliged to consider in the proceedings).\n43A—Use of evidence or information for purposes of Act\nDespite any other Act or law, evidence or information obtained by the lawful exercise of powers under an Act or law (whether before or after the commencement of this section) and evidence or information obtained incidentally to such an exercise of powers—\n\t(a)\tmay be used by law enforcement and prosecution authorities for the purposes of this Act; and\n\t(b)\tis not inadmissible in proceedings before a court under this Act merely because the evidence or information was not obtained for the purposes of this Act.\n44—Costs\nA court may, if—\n\t(a)\ta person brings, or appears at, civil proceedings under this Act; and\n\t(b)\tthe person is successful in those proceedings or in any aspect of those proceedings,\norder the Crown to pay the person legal costs in connection with the proceedings (which may be costs as between solicitor and client) or such part of those costs as is determined by the court.\n45—Credits to Victims of Crime Fund\n\t(1)\tSubject to subsection (2), money recovered by the Crown under an unexplained wealth order must be applied, in accordance with guidelines issued by the Treasurer, towards the costs of administering this Act and the Serious and Organised Crime (Control) Act 2008 and the balance must be paid into the Victims of Crime Fund maintained under the Victims of Crime Act 2001.\n\t(2)\tMoney recovered by the Crown under an unexplained wealth order that is shareable forfeiture proceeds within the meaning of Division 3A of Part 7 of the Criminal Assets Confiscation Act 2005 is to be dealt with in accordance with that Division.\n46—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Attorney‑General, the DPP, the Crown Solicitor or the Commissioner of Police.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nExpiry of Act\nThe Serious and Organised Crime (Unexplained Wealth) Act 2009 will expire on 29.8.2030: see s 36.\nLegislation amended by principal Act\nThe Serious and Organised Crime (Unexplained Wealth) Act 2009 amended the following:\nCriminal Assets Confiscation Act 2005\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2009\n60\n Serious and Organised Crime (Unexplained Wealth) Act 2009\n26.11.2009\n29.8.2010 (Gazette 5.8.2010 p3978)\n2013\n32\n Serious and Organised Crime (Control) (Declared Organisations) Amendment Act 2013\n1.8.2013\nSch 1 (cl 1)—11.8.2013 (Gazette 8.8.2013 p3468)\n2019\n21\nStatutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 12 (s 19)—19.9.2019: s 2(1)\n2021\n27\nUnexplained Wealth (Commonwealth Powers) Act 2021\n1.7.2021\nSch 1 (cl 5)—1.9.2021 (Gazette 18.8.2021 p3099)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n11.8.2013\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n11.8.2013\nPt 4\n\n\ns 36\namended by 21/2019 s 19\n19.9.2019\nPt 5\n\n\ns 43A\ninserted by 32/2013 Sch 1 cl 1\n11.8.2013\ns 45\n\n\ns 45(1)\ns 45 amended and resdesignated as s 45(1) by 27/2021 Sch 1 cl 5(1), (2)\n1.9.2021\ns 45(2)\ninserted by 27/2021 Sch 1 cl 5(2)\n1.9.2021\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n11.8.2013\nHistorical versions\n11.8.2013\n\n19.9.2019\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as an unexplained wealth confiscation regime targeting serious and organised crime. The amendments shown in the legislative history are minor: updating references to declared organisations, inserting a new section 43A on evidence use, and adjusting the Victims of Crime Fund distribution mechanism. There is no indication of significant scope creep beyond the original purpose of tracing and confiscating unlawfully acquired wealth."},"complexity_factors":["Reversed burden of proof in section 9(7) requiring careful drafting of exceptions and safeguards","Complex definition of 'effective control' in section 4 involving trusts, discretionary beneficiaries, and indirect interests","Multiple overlapping exclusion clauses in section 9(12) preventing double recovery across different confiscation regimes","Nested conditional logic in section 12 limiting pre-order investigative powers to specific categories of suspects (convicted persons, control order subjects, or DPP authorised suspects)","Detailed procedural requirements for telephone warrants in section 16(3)-(5) including verification undertakings and duplicate warrant mechanisms","Dual-track cessation rules for restraining orders in section 27 depending on whether an unexplained wealth order was already made","Cross-references to at least 5 other Acts (Criminal Assets Confiscation Act 2005, Serious and Organised Crime (Control) Act 2008, Criminal Law Consolidation Act 1935, Enforcement of Judgments Act 1991, Corporations Act 2001)","Specific mathematical formula in section 4(1)(c) for calculating trust property interests (1 divided by number of beneficiaries)","Strict confidentiality regimes in sections 6 and 12(3) with criminal penalties for disclosure","20 defined terms in the interpretation section including recursive definitions ('benefit includes service or advantage')"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law allows the government to seize money and property from people who cannot prove they acquired it legally. It is designed to target serious and organised crime by hitting criminals in the wallet—even if they haven't been convicted of a specific crime.\n\n**Key features:**\n\n*   **Unexplained Wealth Orders:** If the Director of Public Prosecutions (DPP) reasonably suspects someone has wealth that wasn't lawfully acquired, they can apply to the District Court for an order forcing that person to pay the value of that wealth to the Crown. The burden of proof is reversed—the person must prove their wealth is legitimate, not the other way around.\n*   **Investigative Powers:** Police can issue notices to banks and other financial institutions to hand over account details, obtain monitoring orders to track transactions, and get warrants to search premises and seize documents.\n*   **Restraining Orders:** Courts can freeze property or block transactions to prevent assets from being hidden or spent while an investigation is ongoing.\n*   **Criminal Intelligence Protections:** Special rules protect sensitive police intelligence, allowing evidence to be heard in private and restricting who can see classified information.\n\n**Who it affects:**\n\n*   People suspected of involvement in serious criminal activity, or those who associate with criminals or declared outlaw organisations.\n*   Banks, pawnbrokers, and other financial institutions (\"deposit holders\") who must comply with police information requests.\n*   Family members or associates who hold property on behalf of suspects—the law captures property under someone's \"effective control\" even if they don't legally own it.\n\n**Why it matters:**\n\nThis is a powerful tool that reverses the usual legal presumption of innocence in a financial context. It allows the state to confiscate assets based on suspicion rather than proven criminal conduct, with significant implications for property rights and financial privacy. The law includes safeguards like judicial oversight, annual reviews by retired judges, and a 20-year sunset clause (automatic expiry)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has been amended since enactment. Notable changes recorded in the legislative history: s 43A (inserted 2013) expressly permits use of evidence or information lawfully obtained under other laws for purposes of this Act; s 45 was amended and redesignated and s 45(2) inserted by the 2021 Unexplained Wealth (Commonwealth Powers) Act to govern application of recovered money and to coordinate shareable forfeiture proceeds with the Criminal Assets Confiscation Act 2005; s 36 was amended in 2019 (expiry/technical adjustment). These amendments broaden evidentiary coordination with other laws and adjust how recovered funds are allocated."},"complexity_factors":["Reversed evidential burden: each component of wealth specified in an application is presumed not lawfully acquired unless the person proves otherwise (s 9(7)).","Broad and retrospective definition of \"wealth\" including property previously owned and property subject to \"effective control\" (s 3, s 4).","Complex concept of \"effective control\" that treats trusts, indirect corporate links and shared control as relevant (s 4).","DPP authorisation requirement and time limit on authorisations (s 9(1), s 12(1)–(2), s 37(1)–(3)).","Extensive investigatory toolkit with compulsory notices to deposit holders, monitoring orders, information orders and warrants with associated secrecy and non‑disclosure offences (ss 13–17, 14(6)–(7), 13(3)).","Confidentiality and classified \"criminal intelligence\" regime limiting disclosure and permitting in‑camera handling of sensitive material (s 6).","Restraining orders, enforcement mechanisms and criminal penalties for contravention, plus ancillary civil enforcement under the Enforcement of Judgments Act (ss 19–28).","Immunity from liability and limits on judicial review and procedural fairness obligations for certain decision-makers (ss 31, 39, 40).","Civil standard of proof and application of civil evidence rules to proceedings under the Act (s 41).","Interplay with other statutes and amendments affecting admissibility and distribution of recovered funds (s 43A; s 45 as amended by later instruments)."],"plain_english_summary":"This Act creates a civil process by which the DPP (through the Crown Solicitor) can ask a court to declare parts of a person's wealth as not lawfully acquired and order payment to the Crown. It gives police and courts a suite of investigatory and enforcement tools (banking notices, monitoring orders, information orders, warrants, restraining orders) and proceeds on a civil standard with statutory presumptions and confidentiality safeguards."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislation text was not accessible due to a website error. No amendments or scope changes can be confirmed without the actual document."},"complexity_factors":["No actual legislative text was retrievable — analysis is based solely on the Act's title and general knowledge of Australian unexplained wealth legislation","Unexplained wealth laws in general involve complex burden-of-proof reversals that can be difficult for laypeople to understand","Interaction with criminal law, civil forfeiture, and property law creates multi-jurisdictional complexity in the actual Act","Score is deliberately conservative given the absence of the actual text to analyse"],"plain_english_summary":"The Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA) lets authorities seek court orders to seize and forfeit assets when a person with suspected links to serious or organised crime cannot explain their wealth. It shifts the burden onto the owner to prove lawful origin, meaning property can be taken even without criminal charges or convictions — a tool aimed at disrupting criminal networks."}},"importantCases":[],"_links":{"self":"/api/acts/serious-and-organised-crime-unexplained-wealth-act-2009","history":"/api/acts/serious-and-organised-crime-unexplained-wealth-act-2009/history","analysis":"/api/acts/serious-and-organised-crime-unexplained-wealth-act-2009/analysis","conflicts":"/api/acts/serious-and-organised-crime-unexplained-wealth-act-2009/conflicts","importantCases":"/api/acts/serious-and-organised-crime-unexplained-wealth-act-2009/important-cases","documents":"/api/acts/serious-and-organised-crime-unexplained-wealth-act-2009/documents"}}