CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 91 Presumed value of benefits—ordinary indictable offence

CONFISCATION OF CRIMINAL ASSETS ACT 2003 (NO. 8 OF 2003) - SECT 91

    (1)     This section applies to the assessment of the value of benefits derived by an offender from the commission of an ordinary indictable offence (or ordinary indictable offences).

    (2)     The value of the benefits derived by the offender from the commission of the offence (or offences) is—

        (a)     if evidence is given about any increase in value of the offender's property since immediately before the offence (or the earliest offence) was committed—taken to be not less than the amount of the greatest increase in value of which evidence is given; and

        (b)     in any case—taken to include the value of any narcotic substance to which the offence (or offences) relates.

Example for par (a)

An offender has committed an ordinary indictable offence. Just before beginning to commit the offence, the value of the offender's property was $50 000. Two months after the offence began to be committed, the value of the offender's property was $150 000. At the time of the application for the penalty order, however, the offender's property was only worth $75 000.

The ‘greatest increase' in the total value of the offender's property since immediately before the offence was committed is $100 000 ($150 000 minus $50 000).

Note 1     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 2     For the valuation of narcotic substances, see s 93 (3) and (4).

    (3)     However, the value of the benefits is taken not to include any part (or all) of the increase in value if the offender satisfies the court that the part (or all) of the increase was from either—

        (a)     property that—

              (i)     was lawfully acquired by the offender; and

              (ii)     is not tainted property in relation to any offence against a Territory law, or a law of the Commonwealth, a State, another Territory or a foreign country; or

        (b)     benefits that were lawfully acquired by the offender.

Note     For the meaning of in relation to , see dict.

    (4)     This section does not apply in relation to a penalty order relating only to artistic profits.