Western Australian Current Acts Western Australian Current Acts (1) The value of the
respondent’s unexplained wealth is the amount equal to the difference
between —
(a) the
total value of the respondent’s wealth; and
(b) the
value of the respondent’s lawfully acquired wealth.
(2) For the purposes
of subsection (1), the value of any property, service, advantage or benefit
that has been given away, used, consumed or discarded, or that is for any
other reason no longer available, is the greater of —
(a) its
value at the time that it was acquired; and
(b) its
value immediately before it was given away, or was used, consumed or
discarded, or stopped being available.
(3) The value of any
other property, service, advantage or benefit is the greater of —
(a) its
value at the time that it was acquired; and
(b) its
value on the day that the application for the unexplained wealth declaration
was made.
(4) However, when
assessing the value of the respondent’s unexplained wealth, the court is
not to take account of —
(a) any
property that has been confiscated under this Act or any other enactment; or
(b) any
property, service, advantage or benefit that was taken into account for the
purpose of making an earlier unexplained wealth declaration against the
respondent; or
(c) any
property, service, advantage or benefit in relation to which a criminal
benefits declaration has been made.