Document ID: chunk:federal_register_of_legislation:C2012C00115:clause:1_179b
Version: federal_register_of_legislation:C2012C00115
Segment Type: clause
Provision Reference: sch 1 cl 179B
Character Range: 14740–16342

179B  Making an order requiring a person to appear

 (1) A court with *proceeds jurisdiction may make an order (a preliminary unexplained wealth order) requiring a person to appear before the court for the purpose of enabling the court to decide whether or not to make an *unexplained wealth order in relation to the person if:
 (a) the *DPP applies for an unexplained wealth order in relation to the person; and
 (b) the court is satisfied that an *authorised officer has reasonable grounds to suspect that the person's *total wealth exceeds the value of the person's *wealth that was *lawfully acquired; and
 (c) any affidavit requirements in subsection (2) for the application have been met.

Affidavit requirements

 (2) An application for an *unexplained wealth order in relation to a person must be supported by an affidavit of an *authorised officer stating:
 (a) the identity of the person; and
 (b) that the authorised officer suspects that the person's *total wealth exceeds the value of the person's *wealth that was *lawfully acquired; and
 (c) the following:
 (i) the property the authorised officer knows or reasonably suspects was lawfully acquired by the person;
 (ii) the property the authorised officer knows or reasonably suspects is owned by the person or is under the *effective control of the person.
The affidavit must include the grounds on which the authorised officer holds the suspicions referred to in paragraphs (b) and (c).

 (3) The court must make the order under subsection (1) without notice having been given to any person if the *DPP requests the court to do so.