Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 17

17 .         Criminal benefits declarations for unlawfully acquired 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 property, service, advantage or benefit was not lawfully acquired.

        (2)         If the respondent has been convicted of a confiscation offence, or it is more likely than not that the respondent is or has been involved in the commission of a confiscation offence, then it is presumed that the property, service, advantage or benefit was not lawfully acquired unless the respondent establishes the contrary.