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Confiscation of Criminal Assets Act 2003
98FUnexplained wealth orders—hardship relief
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98F Unexplained wealth orders—hardship relief
(1) A relevant court making an unexplained wealth order in relation to a
person may make another order directing the Territory, once the
unexplained wealth order is fully satisfied, to pay an amount (a relief
amount) decided by the court to a dependant of the person if the court
(a) the unexplained wealth order would cause undue hardship to the
dependant; and
(b) the amount would relieve the hardship; and
(c) if the dependant is at least 18 years old—the dependant had no
knowledge of the person’s conduct that is the subject of the
unexplained wealth order.
(2) When deciding the relief amount, the court—
(a) must only allow an amount to assist the dependant to avoid
undue hardship for a period in which the dependant could not
reasonably be expected to meet the dependant’s reasonable
living expenses; and
(b) must as far as practicable, having regard to the minimum
standard of living mentioned in section 37 (3) (a) (ii), when
determining undue hardship not take into account hardship
arising from the loss of a previous standard of living of the
dependant to the extent that the previous standard of living was
likely to have been the result of unexplained wealth.
(3) An amount decided by the court must not be more than the value of
the person’s unexplained wealth.
(4) An order under this section may relate to more than 1 of the person’s
dependants.
Note For the meaning of dependant, see dict.
Satisfaction of unexplained wealth order Division 7A.3