Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:1_282a
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 1 cl 282A
Character Range: 33244–34862

282A  Direction by a court to the Official Trustee in relation to unexplained wealth orders

 (1) A court may, if subsection (2), (3) or (4) applies, direct the *Official Trustee to pay the Commonwealth, out of property that is subject to a *restraining order under section 20A, an amount equal to the *unexplained wealth amount made under an *unexplained wealth order in relation to a person.

 (2) The court that makes the *unexplained wealth order may include such a direction in the order if the *restraining order:
 (a) has already been made against the person; and
 (b) relates to property that constitutes part of the person's *total wealth.

 (3) The court that makes the *restraining order may include such a direction in the order if:
 (a) the *unexplained wealth order has been made against the person; and
 (b) the restraining order is subsequently made:
 (i) against the person under section 20A; or
 (ii) against property of another person in relation to which an order is in force under section 179S in relation to the unexplained wealth order.

 (4) The court that made the *unexplained wealth order or the *restraining order may, on application by the *DPP, make the direction if:
 (a) the unexplained wealth order has been made against the person; and
 (b) the restraining order has been made:
 (i) against the person under section 20A; or
 (ii) against property of another person in relation to which an order is in force under section 179S in relation to the unexplained wealth order.

Note:  The heading to section 282 is altered by adding at the end "in relation to certain restraining orders".