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Criminal Property Forfeiture Act 2002
78Criminal benefit declaration
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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.