Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 145

145 .         Term used: criminal benefit

        (1)         For the purposes of this Act, a person has acquired a criminal benefit if —

            (a)         any property, service, advantage or benefit that is a constituent of the person’s wealth was directly or indirectly acquired as a result of the person’s involvement in the commission of a confiscation offence, whether or not the property, service, advantage or benefit was lawfully acquired; or

            (b)         the person has been involved in the commission of a confiscation offence, and any property, service, advantage or benefit that is a constituent of the person’s wealth was not lawfully acquired, whether or not the property, service, advantage or benefit was acquired as a result of the person’s involvement in the commission of the offence.

        (2)         Without limiting subsection (1), the person has acquired a criminal benefit —

            (a)         whether the property, service, advantage or benefit was acquired before, during or after the confiscation offence was or is likely to have been committed; and

            (b)         whether or not the property, service, advantage or benefit was acquired before or after the commencement of this Act; and

            (c)         whether or not the confiscation offence was committed before or after the commencement of this Act.