Unexplained Wealth (Commonwealth Powers) Act 2018

When this section applies This section applies if—

a proclamation is made under the *referral Act or *adoption Act of a *participating State for the purposes of this section; and

the proclamation declares that an *express amendment of this Act (other than this Subdivision) is not to apply to proceedings covered by subsection (3), (4) or (5); and

the proclamation comes into force in the period of 6 months beginning on the day the amendment is enacted.

Application of this Act to proceedings This Act applies to the proceedings as if the amendment had not been enacted.

Proceedings for restraining orders Proceedings are covered by this subsection if—

the proceedings are instituted while the proclamation is in force; and

the proceedings are for the making of a *restraining order under section 20A in relation to a *suspect; and

the affidavit supporting the application for the order states that an *authorised officer suspects either or both of the following—

that the suspect has committed a *relevant offence of a *participating State;

that the whole or any part of the suspect’s *wealth was derived from a relevant offence of a participating State.

Proceedings for unexplained wealth orders Proceedings are covered by this subsection if—

the proceedings are instituted while the proclamation is in force; and

the proceedings are for the making of an *unexplained wealth order (including a *preliminary unexplained wealth order) in relation to a *suspect; and

the application for the order states that an *authorised officer suspects that the whole or any part of the suspect’s *wealth was derived from a *relevant offence of a *participating State.

Proceedings for other orders Proceedings are covered by this subsection if—

the proceedings are instituted while the proclamation is in force; and

the proceedings are for the making of an order that relates to—

a *restraining order made in proceedings covered by subsection (3); or

an *unexplained wealth order (including a *preliminary unexplained wealth order) made in proceedings covered by subsection (4).