QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.89IUnexplained wealth order increase if forfeiture ends etc.
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### sec.89I Unexplained wealth order increase if forfeiture ends etc.
This section applies if—
the Supreme Court makes an unexplained wealth order against a person; and
in deciding the value of the person’s unexplained wealth, the court did not take into account the value of property mentioned in section 89E (2) ; and
after the unexplained wealth order is made, the forfeiture of the property, or the earlier unexplained wealth order or the tainted property substitution declaration, ends because of an appeal.
The State may apply to the Supreme Court for a variation of the unexplained wealth order to increase the amount payable under the order.
If the Supreme Court considers an increase appropriate, it may vary the amount payable under the unexplained wealth order.
s 89I ins 2013 No. 21 s 40
(sec.89I-ssec.1) This section applies if— the Supreme Court makes an unexplained wealth order against a person; and in deciding the value of the person’s unexplained wealth, the court did not take into account the value of property mentioned in section 89E (2) ; and after the unexplained wealth order is made, the forfeiture of the property, or the earlier unexplained wealth order or the tainted property substitution declaration, ends because of an appeal.
(sec.89I-ssec.2) The State may apply to the Supreme Court for a variation of the unexplained wealth order to increase the amount payable under the order.
(sec.89I-ssec.3) If the Supreme Court considers an increase appropriate, it may vary the amount payable under the unexplained wealth order.
- (a) the Supreme Court makes an unexplained wealth order against a person; and
- (b) in deciding the value of the person’s unexplained wealth, the court did not take into account the value of property mentioned in section 89E (2) ; and
- (c) after the unexplained wealth order is made, the forfeiture of the property, or the earlier unexplained wealth order or the tainted property substitution declaration, ends because of an appeal.