Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:1_179k
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 1 cl 179K
Character Range: 24111–25442

179K  Varying unexplained wealth orders to increase amounts

 (1) The court may, on the application of the *DPP, 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 *DPP's application may deal with more than one increase to the same *unexplained wealth amount.