69Assessing the value of unexplained wealth

69 Assessing the value of unexplained wealth (1) The respondent's unexplained wealth is the difference between: (a) the respondent's total wealth; and (b) the respondent's lawfully acquired wealth. (2) When assessing the respondent's wealth: (a) the value of any property, service, advantage or benefit that is a constituent of the respondent's wealth is taken to be the greater of: (ii) its value on the day that the application for the unexplained wealth declaration was made; and (b) the value of any property, service, advantage or benefit that was a constituent of the respondent's wealth but has been given away, used, consumed or discarded, or that is for any other reason no longer available, is taken to be an outgoing at the greater of: (ii) its value immediately before it was given away, or was used, consumed or discarded, or stopped being available; and (c) the court that is hearing an application under section 67 must not take account of: (i) any property that has been forfeited under this Act or any other Act; or (ii) any property, service, advantage or benefit that was taken into account in making an earlier unexplained wealth declaration against the respondent; or Criminal Property Forfeiture Act 2002 48 (iii) any property, service, advantage or benefit in relation to which a criminal benefits declaration has been made.