Mathias Cormann (WA, Liberal Party, Minister for Finance) Share this | Hansard source

The ability of a person to dispose of restrained property to meet their legal costs weakens the effectiveness of the unexplained wealth provisions by allowing the wealth suspected to have been unlawfully acquired to be used to contest proceedings. This may lead to fewer assets being available for confiscation if an unexplained wealth order is successful, and is likely to cause more protracted litigation. This amendment—the government's amendment, not the Greens amendment—will harmonise provisions relating to the payment of legal expenses for unexplained wealth cases with those for other proceedings under the Proceeds of Crime Act.