79Assessing the value of criminal benefit

79 Assessing the value of criminal benefit When assessing the value of a criminal benefit for section 78(1): (a) the value of any property, service, advantage or benefit acquired by the respondent is taken to be the greater of: (ii) its value on the day that the application for the criminal benefits declaration was made; and (b) the value of any property, service, advantage or benefit that was acquired by the respondent but has been given away, used, consumed or discarded, or that is for any other reason Criminal Property Forfeiture Act 2002 53 no longer available when the application for the declaration was made, is taken to be the greater of: (ii) its value at the time that it was given away, or was used, consumed or discarded, or stopped being available.