28BAssessment for unexplained wealth order—unexplained wealth

#### 28B Assessment for unexplained wealth order—unexplained wealth 28B Assessment for unexplained wealth order—unexplained wealth > > (1) This section applies for the purpose of making an assessment for an unexplained wealth order of the unexplained wealth of a person against whom the order is made. > > > (2) The Supreme Court must assess the unexplained wealth of the person as the whole or any part of the current or previous wealth of the person that the Supreme Court is not satisfied on the balance of probabilities is not or was not— > > > > > (a) illegally acquired property, or > > > > > (b) the proceeds of an illegal activity. > > > (3) The burden of proof in proceedings against a person for an unexplained wealth order is on the person to prove that the person’s current or previous wealth is not or was not illegally acquired property or the proceeds of an illegal activity. > > > (4) (Repealed) > > > (5) In assessing the unexplained wealth of a person, the Supreme Court is not required to consider any current or previous wealth of which the Commission has not provided evidence. > > > (6) The value of any thing included as current or previous wealth is— > > > > > (a) in the case of wealth that has been expended, consumed or otherwise disposed of—the greater of— > > > > > > > (i) the value at the time the wealth was acquired, and > > > > > > > (ii) the value immediately before the wealth was expended, consumed or otherwise disposed of, or > > > > > (b) in any other case—the greater of— > > > > > > > (i) the value at the time the wealth was acquired, and > > > > > > > (ii) the value at the time the application for the unexplained wealth order was made. > > **s 28B:** Ins 2010 No 65, Sch 1 \[14\]. Am 2022 No 55, Sch 3\[6\] \[10\].