Criminal Property Forfeiture Act 2002
78Criminal benefit declaration
Start here
Get a plain-English read of 78
Turn the raw legal text into a practical explanation grounded in Criminal Property Forfeiture Act 2002.
78 Criminal benefit declaration (1) When making a criminal benefit declaration, the court must: (a) assess, in accordance with section 79, the value of the criminal benefit acquired by the respondent; and (b) specify in the declaration the assessed value of the criminal benefit; and specified in the declaration as the value of the criminal benefit the respondent has acquired. (2) A court must not make a criminal benefit declaration in relation to any property, service, advantage or benefit if: (a) the property, service, advantage or benefit has been taken into account when making an unexplained wealth declaration against the respondent; or (b) a criminal benefits declaration has already been made in relation to the property, service, advantage or benefit; or (c) the property, service, advantage or benefit (or its value) has been forfeited under this Act or any other Act. (3) When making a criminal benefit declaration, the court may make any necessary or convenient ancillary orders, including awarding costs as the court sees fit.