South Australian Numbered Acts

CRIMINAL ASSETS CONFISCATION ACT 2005 (NO 19 OF 2005) - SECT 101

101—Value of benefits derived

        (1)         If—

            (a)         an application is made for a pecuniary penalty order against a person in relation to a serious offence or serious offences; and

            (b)         at the hearing of the application, evidence is given that the value of the person’s property during or after the commission of the offence or offences, or any other unlawful activity that the person has engaged in, exceeded the value of the person’s property before the commission of the offence or offences,

the court is to treat the value of the benefits derived by the person from the commission of the offence or offences as being not less than the amount of the greatest excess.

        (2)         The amount treated as the value of the benefits under this section is reduced to the extent (if any) that the court is satisfied that the excess was due to causes unrelated to the commission of the serious offence or serious offences or any other unlawful activity that the person has engaged in.

        (3)         If, at the hearing of the application, evidence is given of the person’s expenditure during or after the commission of the serious offence or serious offences, or any other unlawful activity that the person has engaged in, the amount of the expenditure is presumed, unless the contrary is proved, to be the value of a benefit that was provided to the person in connection with the commission of the serious offence or serious offences.

        (4)         Subsection (3) does not apply to expenditure to the extent that it resulted in the acquisition of property that is taken into account under subsection (1).