83Burden of proof

83 Burden of proof (1) If the respondent has been convicted of the relevant forfeiture offence in respect of which property was used so that the property became crime-used, it is presumed that the respondent made criminal use of the property unless the respondent establishes the contrary. (2) If the respondent has not been convicted of the relevant forfeiture offence but the applicant establishes that it is more likely than not that crime-used property was in the respondent's possession at the Criminal Property Forfeiture Act 2002 55 time that the offence was committed or immediately afterwards, it is presumed that the respondent made criminal use of the property unless the respondent establishes the contrary. (3) In any circumstances except those set out in subsection (1) or (2), the applicant bears the onus of establishing that the respondent made criminal use of the property.