75Criminal benefit declaration – crime-derived property

75 Criminal benefit declaration – crime-derived property (1) A court that is hearing an application under section 73 must declare that the respondent has acquired a criminal benefit if it is more likely than not: (a) that the property, service, advantage or benefit described in the application is a constituent of the respondent's wealth; and (b) that the respondent is or was involved in the commission of a forfeiture offence; and (c) that the property, service, advantage or benefit was wholly or partly derived or realised, directly or indirectly, as a result of

Criminal Property Forfeiture Act 2002 51 the respondent's involvement in the commission of the forfeiture offence (whether or not the property, service, advantage or benefit was lawfully acquired). (2) The property, service, advantage or benefit mentioned in subsection (1) is presumed to have been directly or indirectly acquired as a result of the respondent's involvement in a forfeiture offence unless the respondent establishes otherwise.