45BRelief from unexplained wealth forfeiture

45B Relief from unexplained wealth forfeiture S. 45B(1) amended by Nos 44/2022 s. 70, 26/2024 s. 33(1). (1) If property is forfeited under section 40ZA or 40ZAB, a person may apply to the court that made the unexplained wealth restraining order for relief from the forfeiture of the property. (2) An application under subsection (1) must be made within 60 days after the property is forfeited to the Minister. (3) Subject to subsection (4), the court— (a) may order that the person is entitled to be paid a specified amount out of the forfeited property, being an amount that the court thinks is necessary to prevent undue hardship to the person caused by the unexplained wealth forfeiture; and (b) may make ancillary orders for the purpose of ensuring the proper application of an amount so paid to a person who is under 18 years of age. (4) The court may make an order under subsection (3) if satisfied that— (a) there are no outstanding applications for a section 40ZD exclusion order in relation to the property; and S. 45B(4)(ab) inserted by No. 26/2024 s. 33(2). (ab) in the case of forfeiture of the property to satisfy a debt under an unexplained wealth order, the person has not obtained an order under section 45BA for relief from payment of that debt; and (b) undue hardship may reasonably be likely to be caused to the applicant by unexplained wealth forfeiture. (5) An applicant for an order under subsection (1) must give written notice of the application to the applicant for the unexplained wealth restraining order in relation to which unexplained wealth forfeiture occurred. S. 45BA inserted by No. 26/2024 s. 34. 45BA Relief from debt imposed under unexplained wealth order (1) If a debt is imposed on a person under an unexplained wealth order, the person may apply to the court that made the unexplained wealth order for relief from payment of the debt. (2) An application under subsection (1) must be made within 60 days after the unexplained wealth order is made. (3) Subject to subsection (4), the court may reduce the amount payable under the unexplained wealth order by a specified amount, being an amount that the court is satisfied is necessary to prevent undue hardship to the person caused by the debt imposed under the unexplained wealth order. (4) The court may make an order under subsection (3) if satisfied that— (a) the person has not obtained an order under section 45B for relief from the forfeiture of property under the unexplained wealth order; and (b) undue hardship may reasonably be likely to be caused to the applicant by the unexplained wealth order. (5) An applicant for an order under subsection (1) must give written notice of the application to the applicant for the unexplained wealth order under which the debt was imposed. (6) On the making of an application for an order under subsection (1), the unexplained wealth order is stayed until a determination of the application is made and, once the determination is made, the court must order the date on which the amount payable under the unexplained wealth order is due.