VICIn ForceAct
Confiscation Act 1997
100AApplication for production order—unexplained wealth
Start here
Get a plain-English read of 100A
Turn the raw legal text into a practical explanation grounded in Confiscation Act 1997.
100A Application for production order—unexplained wealth
S. 100A(1) substituted by No. 27/2016 s. 20(1).
(1) A police officer may, without notice, apply for a production order against a person, or anyone else, if—
(a) the person is suspected of having engaged in serious criminal activity; or
S. 100A(1)(b) amended by No. 26/2024 s. 38(1)(a).
(b) the person is suspected of having an interest in property that was not lawfully acquired; or
S. 100A(1)(c) inserted by No. 26/2024 s. 38(1)(b).
(c) the person's wealth is suspected to exceed the person's lawfully acquired wealth.
(2) An application under subsection (1) must be supported by an affidavit of the applicant—
S. 100A(2)(a) substituted by No. 26/2024 s. 38(2).
(a) stating that the person is suspected of—
(i) having engaged in serious criminal activity; or
(ii) having acquired property unlawfully; or
(iii) having wealth that exceeds the person's lawfully acquired wealth; and
S. 100A(2)(b) substituted by No. 26/2024 s. 38(2).
(b) stating that the police officer suspects that the person against whom the order is sought has possession or control of a property‑tracking document or property‑tracking documents in relation to—
(i) the serious criminal activity; or
(ii) the unlawful acquisition of wealth; or
(iii) the person's wealth exceeding the person's lawfully acquired wealth; and
(c) setting out the grounds on which the applicant holds those suspicions.
S. 100A(2A) inserted by No. 27/2016 s. 20(2).
(2A) An application under subsection (1) may be made in person or by telephone, facsimile or other form of electronic communication.
(3) The court hearing an application under subsection (1) may require the applicant to give it any additional information that it requires concerning the grounds on which the order is sought.
S. 100A(4) substituted by No. 27/2016 s. 20(3).
(4) An application under subsection (1) must be heard—
(a) out of court; or
(b) in closed court.