151Forfeitable property declarations

151 Forfeitable property declarations

[Section 151 Inserted by No. 60 of 2013, s. 12, Applied:01 Mar 2014]

(1)  On hearing an application under section 150 or 157(1)(a) , the Supreme Court may make a forfeitable property declaration in respect of property specified in the application.

(2)  The Supreme Court may only make a forfeitable property declaration in relation to property if satisfied that it is more likely than not that –

(a) the respondent to an unexplained wealth declaration effectively controlled all or part of the property at the time that the application was made under Division 5 for the unexplained wealth declaration made against the respondent; or

(b) before an application was made under Division 5 for an unexplained wealth declaration against the respondent, the respondent to the unexplained wealth declaration –

(i) owned or effectively controlled the property; and

(ii) gave the property away.

(3)  For the purposes of making a forfeitable property declaration under subsection (2) , the Supreme Court may presume the property specified in the application for the declaration was –

(a) at the relevant time, effectively controlled by the respondent to the relevant unexplained wealth declaration; or

(b) before the relevant time, given away by the respondent to the relevant unexplained wealth declaration –

unless the respondent, or another person, proves otherwise.

(4)  A forfeitable property declaration enables the Supreme Court to make a wealth forfeiture order in respect of the property specified in the forfeitable property declaration.

(5)  If the Supreme Court makes a forfeitable property declaration under this section, it may make any necessary or convenient ancillary orders.