Australian Capital Territory Current Acts

CONFISCATION OF CRIMINAL ASSETS ACT 2003 - SECT 93

    (1)     In assessing the value of a benefit derived from the commission of an offence and any related offences, the relevant court may have regard to any relevant matters.

Examples of relevant matters

1     an increase in the income or profits of the offender in comparable periods before and after the offence was committed (see s 80, example for par (c))

2     an increase in the value of property held by the offender because of the benefit, taking into account any relevant variation in the purchasing power of money

3     the value of the offender's property before, during and after the commission of the offence

4     the income and expenditure of the offender before, during and after the commission of the offence

5     the part of the benefit derived from the commission of the offence and the part derived from other sources

    (2)     The court must assess the value of a benefit by reference to the highest value the benefit has had since the commission of the offence or a related offence, unless the court is satisfied that the benefit should be valued differently having regard to the purposes of this Act.

Examples

1     An offender derives a benefit worth $10 000 from the commission of an offence. If the benefit had been derived at the time of valuation for a penalty order proceeding 2 years later, the benefit would have been worth $11 000 (because of inflation). The court may assess the value of the benefit as $11 000 rather than $10 000.

2     The offence to which benefits relate is an ordinary offence. However, the offender later committed a related offence that was a serious offence. The court may have regard to the highest value of the benefits since the commission of the ordinary offence.

    (3)     At the hearing of an application for a penalty order, a law enforcement officer who is experienced in the investigation of narcotic offences may testify, to the best of the officer's information, knowledge and belief—

        (a)     in relation to the amount that was the market value of a narcotic substance at a particular time or during a particular period; or

        (b)     in relation to the amount, or the range of amounts, ordinarily paid at a particular time or during a particular period, for the doing of anything in relation to a narcotic substance.

    (4)     The law enforcement officer's testimony under subsection (3)—

        (a)     is admissible at the hearing despite any rule of law or practice about hearsay evidence; and

        (b)     is prima facie evidence of the matters testified.

    (5)     In this section:

"law enforcement officer" means—

        (a)     a police officer; or

        (b)     an officer of Customs under the Customs Act 1901

(Cwlth).