Western Australian Current Acts

CRIMINAL PROPERTY CONFISCATION ACT 2000 - SECT 28

28 .         Confiscable property declarations, making

        (1)         On hearing an application under section 27 the court may declare that property that is not owned by the respondent is available to satisfy the respondent’s liability under section 14, 20 or 24 if it is more likely than not that —

            (a)         if the property is frozen — the respondent effectively controlled the property at the time that the freezing notice was issued or the freezing order was made for the property; or

            (b)         if the property is not frozen — the respondent effectively controlled the property at the time that the application for the unexplained wealth declaration, criminal benefits declaration or crime-used property substitution declaration was made; or

            (c)         the respondent gave the property away at any earlier time.

        (2)         It is presumed that the respondent effectively controlled the property at the material time, or gave the property away, unless the respondent establishes the contrary.

        (3)         The court may make any necessary or convenient ancillary orders.