Proceeds of Crime Regulations 2019
20Unexplained wealth legislation of a State or Territory
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20 Unexplained wealth legislation of a State or Territory
New South Wales (1) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of New South Wales is Division 2 of Part 3 of the Criminal Assets Recovery Act 1990 (NSW), and the other provisions of that Act that relate to that Division.
Note: Section 6 of the New South Wales Act (which defines serious crime related activity) is an example of a provision that relates to Division 2 of Part 3 of that Act because Division 2 refers to that term.
South Australia (1AA) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of South Australia is the Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA). Australian Capital Territory (1A) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Australian Capital Territory is Part 7A of the Confiscation of Criminal Assets Act 2003 (ACT), and the other provisions of that Act that relate to that Part.
Note: Section 11C of the Australian Capital Territory Act (which defines serious criminal activity) is an example of a provision that relates to Part 7A of that Act because Part 7A refers to that term.
Northern Territory (2) For the purposes of the definition of unexplained wealth legislation in section 338 of the Act, the unexplained wealth legislation of the Northern Territory is Division 1 of Part 6 of the Criminal Property Forfeiture Act 2002 (NT), and the other provisions of that Act that relate to that Division.
Note: Section 100 of the Northern Territory Act (which allows a court to order that restrained property is forfeit to the Northern Territory if an unexplained wealth declaration has been made against a person who owns or effectively controls the property) is an example of a provision that relates to Division 1 of Part 6 of that Act because it relates to unexplained wealth declarations (which are made under that Division).