Document ID: chunk:federal_register_of_legislation:C2025C00034:section:14l:p1
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 14L (pt 1/2)
Character Range: 65628–68382

14L  Concurrent operation of State and Territory laws with national unexplained wealth provisions

Concurrent operation of laws
 (1) The *national unexplained wealth provisions do not exclude or limit the operation of a law of a State or Territory (including a *special confiscation law) to the extent that the law is capable of operating concurrently with those provisions.
 (2) A *corresponding law of a State or Territory is a special confiscation law while the State is a *participating State or the Territory is a *self‑governing Territory.
 (3) Without limiting subsection (1), the *national unexplained wealth provisions do not exclude or limit the concurrent operation of a *special confiscation law merely because:
 (a) that law, or an order made under that law:
 (i) prevents or restricts a person from disposing of, or dealing with, property (for example, by way of a restraining order made under that law); or
 (ii) confiscates or forfeits property of a person (for example, by way of a forfeiture order made under that law); or
 (iii) requires the person to pay an amount (for example, by way of an unexplained wealth order made under that law); or
 (iv) deals with a matter prescribed by the regulations; and
 (b) the national unexplained wealth provisions, or an order made under those provisions, also:
 (i) prevent or restrict the person from disposing of, or dealing with, the property (for example, by way of a restraining order under section 20A); or
 (ii) require the person to pay an amount (for example, by way of an *unexplained wealth order); or
 (iii) deal with a matter prescribed by the regulations.
 (4) Subsection (3) applies even if the *special confiscation law, or order made under that law, does any one or more of the following:
 (a) prevents or restricts a person from disposing of, or dealing with, property in circumstances in which a *restraining order under section 20A could not be obtained to prevent or restrict such disposal or dealing;
 (b) prevents or restricts, in particular circumstances, disposal of, or dealing with, more or less property than could be covered by a restraining order under section 20A in those circumstances;
 (c) prevents or restricts disposal of, or dealing with, property that is or could be excluded from a restraining order under section 20A;
 (d) confiscates or forfeits, in particular circumstances, property of a greater or lesser value than the *unexplained wealth amount of a person under an *unexplained wealth order that is or could be made in those circumstances;
 (e) requires payment of an amount that is greater or lesser than the amount that is or could be payable under an unexplained wealth order;
 (f) deals with a matter prescribed by the regulations.

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