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Proceeds of Crime Act 2002
179KVarying unexplained wealth orders to increase amounts
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#### 179K Varying unexplained wealth orders to increase amounts
(1) The court may, on the application of the \*responsible authority, vary an \*unexplained wealth order against a person by increasing the \*unexplained wealth amount if subsection (2) or (3) applies. The amount of the increase is as specified in subsection (2) or (3).
(2) The \*unexplained wealth amount may be increased if:
(a) the value of property of the person forfeited under a \*forfeiture order, an \*interstate forfeiture order or a \*foreign forfeiture order was deducted from the unexplained wealth amount under paragraph 179J(a); and
(b) an appeal against the forfeiture, or against the order, is allowed.
The amount of the increase is equal to the value of the property.
(3) The \*unexplained wealth amount may be increased if:
(a) an amount payable under a \*pecuniary penalty order, a \*literary proceeds order, an order under section 243B of the Customs Act 1901, an \*interstate pecuniary penalty order or a \*foreign pecuniary penalty order was deducted from the \*unexplained wealth amount under paragraph 179J(b); and
(b) an appeal against the amount payable, or against the order, is allowed.
The amount of the increase is equal to the amount that was payable.
(4) The \*responsible authority’s application may deal with more than one increase to the same \*unexplained wealth amount.