76Criminal benefit declaration – unlawfully acquired property

76 Criminal benefit declaration – unlawfully acquired 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 that: (a) the property, service, advantage or benefit described in the application is a constituent of the respondent's wealth; and (b) the property, service, advantage or benefit was not lawfully acquired. (2) If the respondent has been convicted or is taken to have been convicted of a forfeiture offence, or it is more likely than not that the respondent is or has been involved in the commission of a forfeiture offence, it is presumed that the property, service, advantage or benefit was not lawfully acquired unless the respondent establishes the contrary.