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Criminal Property Forfeiture Act 2002
74Acquiring criminal benefit
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74 Acquiring criminal benefit
(1) For this Act, a person has acquired a criminal benefit if:
(a) any property, service, advantage or benefit that is a
constituent of the person's wealth was directly or indirectly
acquired as a result of the person's involvement in the
commission of a forfeiture offence, (whether or not the
property, service, advantage or benefit was lawfully acquired);
or
(b) the person has been involved in the commission of a forfeiture
offence, and any property, service, advantage or benefit that is
a constituent of the person's wealth was not lawfully acquired,
(whether or not the property, service, advantage or benefit
was acquired as a result of the person's involvement in the
commission of the offence).
(2) Without limiting subsection (1), the person has acquired a criminal
benefit:
(a) whether the property, service, advantage or benefit was
acquired before, during or after the forfeiture offence was or is
likely to have been committed; and
(b) whether the property, service, advantage or benefit was
acquired before or after the commencement of this Act; and
(c) whether the forfeiture offence was committed before or after
the commencement of this Act.