sec.13Explanation of ch 2

### sec.13 Explanation of ch 2 This chapter enables proceedings to be started to confiscate property derived from illegal activity whether or not a person who engaged in the relevant activity has been convicted of any offence. Also, this chapter enables proceedings to be taken to confiscate property derived from a serious crime related activity even though the person who engaged in the relevant activity has not been identified. The chapter enables the Supreme Court, as a preliminary step, to make a restraining order preventing property, whether the property of the person who engaged in the relevant illegal activity or the serious crime derived property of someone else, being dealt with without the court’s leave. The court must make a forfeiture order confiscating the property (unless it is not in the public interest to make the order) if it finds it is more probable than not that— the person whose suspected serious crime related activity was the basis of the relevant restraining order engaged in a serious crime related activity; or the property is serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified. The court may also make a proceeds assessment order against a person who has engaged in a serious crime related activity, requiring the person to pay to the State the amount the court decides is the value of proceeds derived from the person’s illegal activity over a period of up to 6 years before the application for the order is made. The chapter also enables the court to make an unexplained wealth order against a person, requiring the person to pay to the State an amount worked out under section 89L (2) or (3) . The amount payable under the proceeds assessment order or unexplained wealth order may be recovered as a debt payable to the State. The chapter contains other ancillary provisions including provisions giving persons opportunities to have lawfully acquired property excluded from the effect of restraining orders and forfeiture orders. s 13 amd 2013 No. 21 s 18 (sec.13-ssec.1) This chapter enables proceedings to be started to confiscate property derived from illegal activity whether or not a person who engaged in the relevant activity has been convicted of any offence. (sec.13-ssec.2) Also, this chapter enables proceedings to be taken to confiscate property derived from a serious crime related activity even though the person who engaged in the relevant activity has not been identified. (sec.13-ssec.3) The chapter enables the Supreme Court, as a preliminary step, to make a restraining order preventing property, whether the property of the person who engaged in the relevant illegal activity or the serious crime derived property of someone else, being dealt with without the court’s leave. (sec.13-ssec.4) The court must make a forfeiture order confiscating the property (unless it is not in the public interest to make the order) if it finds it is more probable than not that— the person whose suspected serious crime related activity was the basis of the relevant restraining order engaged in a serious crime related activity; or the property is serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified. (sec.13-ssec.5) The court may also make a proceeds assessment order against a person who has engaged in a serious crime related activity, requiring the person to pay to the State the amount the court decides is the value of proceeds derived from the person’s illegal activity over a period of up to 6 years before the application for the order is made. (sec.13-ssec.6) The chapter also enables the court to make an unexplained wealth order against a person, requiring the person to pay to the State an amount worked out under section 89L (2) or (3) . (sec.13-ssec.7) The amount payable under the proceeds assessment order or unexplained wealth order may be recovered as a debt payable to the State. (sec.13-ssec.8) The chapter contains other ancillary provisions including provisions giving persons opportunities to have lawfully acquired property excluded from the effect of restraining orders and forfeiture orders. - (a) the person whose suspected serious crime related activity was the basis of the relevant restraining order engaged in a serious crime related activity; or - (b) the property is serious crime derived property because of a serious crime related activity of a person, even though a particular person suspected of having engaged in the serious crime related activity can not be identified.