Victorian Numbered Acts Victorian Numbered Acts(1) After section 40F(2) of the Confiscation Act 1997 insert —
"(2A) The DPP or an appropriate officer may apply without notice to a court for an unexplained wealth restraining order in respect of property if a police officer suspects on reasonable grounds that, having regard to the matters set out in section 40ZAAC—
(a) a person has wealth that exceeds their lawfully acquired wealth; and
(b) the total value of the wealth that is not lawfully acquired is $200 000 or more; and
(c) the person has an interest in the property sought to be restrained.".
(2) In section 40F(3) of the Confiscation Act 1997 —
(a) for "subsection (1) or (2)" substitute "subsection (1), (2) or (2A)";
(b) after paragraph (c) insert —
"(ca) in the case of an application under subsection (2A), stating that the police officer suspects that, having regard to the matters set out in section 40ZAAC—
(i) a person has wealth that exceeds their lawfully acquired wealth; and
(ii) the total value of the wealth that is not lawfully acquired is $200 000 or more; and
(iii) the person has an interest in the property sought to be restrained; and".
(c) in paragraph (d), for "paragraph (b) or (c)" substitute "paragraph (b), (c) or (ca)".
(3) After section 40F(6)(a) of the Confiscation Act 1997 insert —
"(ab) any property that was, on the day when the first application for a restraining order in respect of property of the person was made under this Act, subject to the effective control of the person; and".
(4) In the example at the foot of section 40F(8) of the Confiscation Act 1997 , for "subsections (1) and (2)" substitute "subsections (1), (2) and (2A)".