Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 16

16 .         Criminal benefits declarations for crime-derived property, making

        (1)         On hearing an application under section 15(1), the court must declare that the respondent has acquired a criminal benefit if it is more likely than not that —

            (a)         the property, service, advantage or benefit described in the application is a constituent of the respondent’s wealth; and

            (b)         the respondent is or was involved in the commission of a confiscation offence; and

            (c)         the property, service, advantage or benefit was wholly or partly derived or realised, directly or indirectly, as a result of the respondent’s involvement in the commission of the confiscation offence, whether or not it was lawfully acquired.

        (2)         For the purposes of subsection (1)(b), if the respondent has been convicted of the confiscation offence, the respondent is conclusively presumed to have been involved in the commission of the offence.

        (3)         The property, service, advantage or benefit is presumed to have been directly or indirectly acquired as a result of the respondent’s involvement in a confiscation offence unless the respondent establishes otherwise.