Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 18

18 .         Criminal benefits declarations, limits on making and ancillary orders for

        (1)         The court is not to make a criminal benefits declaration in relation to any property, service, advantage or benefit if —

            (a)         a criminal benefits declaration has already been made in relation to the property, service, advantage or benefit; or

            (b)         the property, service, advantage or benefit has been confiscated under this Act or any other enactment; or

            (c)         the property, service, advantage or benefit, or its value, has been taken into account for the purpose of making an unexplained wealth declaration against the respondent.

        (2)         When making a criminal benefits declaration, the court is to —

            (a)         assess the value of the criminal benefit acquired by the respondent in accordance with section 19; and

            (b)         specify the assessed value of the criminal benefit in the declaration.

        (3)         When making a criminal benefits declaration, the court may make any necessary or convenient ancillary orders.