Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:1_179s
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 1 cl 179S
Character Range: 29207–30795

179S  Property subject to a person's effective control

 (1) If:
 (a) a person is subject to an *unexplained wealth order; and
 (b) the *DPP applies to the court for an order under this section; and
 (c) the court is satisfied that particular property is subject to the *effective control of the person;
the court may make an order declaring that the whole, or a specified part, of that property is available to satisfy the unexplained wealth order.

 (2) The order under subsection (1) may be enforced against the property as if the property were the *person's property.

 (3) A *restraining order may be made in respect of the property as if:
 (a) the property were the *person's property; and
 (b) there were reasonable grounds to suspect that:
 (i) the person had committed an offence against a law of the Commonwealth, a *foreign indictable offence or a *State offence that has a federal aspect;
 (ii) the whole or any part of the person's wealth was derived from an offence against a law of the Commonwealth, a foreign indictable offence or a State offence that has a federal aspect.

 (4) If the *DPP applies for an order under subsection (1) relating to particular property, the DPP must give written notice of the application to:
 (a) the person who is subject to the *unexplained wealth order; and
 (b) any person whom the DPP has reason to believe may have an *interest in the property.

 (5) The person who is subject to the *unexplained wealth order, and any person who claims an *interest in the property, may appear and adduce evidence at the hearing of the application.