ACTIn ForceAct
Confiscation of Criminal Assets Act 2003
98CUnexplained wealth order—affidavit supporting
Start here
Get a plain-English read of 98C
Turn the raw legal text into a practical explanation grounded in Confiscation of Criminal Assets Act 2003.
98C Unexplained wealth order—affidavit supporting
(1) If an unexplained wealth restraining order has not been made in
relation to a person the subject of an application under section 98B,
an affidavit by a police officer supporting the application for an
unexplained wealth order against the person must state that the police
officer suspects that—
(a) a person’s total wealth exceeds the value of the person’s wealth
that was lawfully acquired; and
(b) the whole or any part of the person’s wealth was derived from
Making unexplained wealth orders Division 7A.2
(2) Subsection (1) (b) does not require the police officer to specify in the
affidavit a particular offence for serious criminal activity, and it is
sufficient if the police officer suspects and the affidavit describes the
nature of the activity in general terms.
(3) The affidavit must state, for the property mentioned in the
(a) that the officer suspects that the property is either the property
of the person in relation to whom the order is sought or the
property of someone else; and
effective control of the person in relation to whom the
order is sought.
(4) The affidavit must state the grounds for each belief or suspicion of