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CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 28B
Assessment for unexplained wealth order--unexplained wealth
(1) This section applies for the purpose of making an assessment for an
unexplained wealth order of the unexplained wealth of a person against whom
the order is made.
(2) The Supreme Court must assess the unexplained wealth
of the person as the whole or any part of the current or previous wealth of
the person that the Supreme Court is not satisfied on the balance of
probabilities is not or was not-- (a) illegally acquired property, or
(b) the
proceeds of an illegal activity.
(3) The burden of proof in proceedings
against a person for an unexplained wealth order is on the person to prove
that the person's current or previous wealth is not or was not
illegally acquired property or the proceeds of an illegal activity.
(5) In
assessing the unexplained wealth of a person, the Supreme Court is not
required to consider any current or previous wealth of which the Commission
has not provided evidence.
(6) The value of any thing included as
current or previous wealth is-- (a) in the case of wealth that has been
expended, consumed or otherwise disposed of--the greater of-- (i) the value at
the time the wealth was acquired, and
(ii) the value immediately before the
wealth was expended, consumed or otherwise disposed of, or
(b) in any other
case--the greater of-- (i) the value at the time the wealth was acquired, and
(ii) the value at the time the application for the unexplained wealth order
was made.
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