Northern Territory Consolidated Acts

CRIMINAL PROPERTY FORFEITURE ACT - SECT 71

(1) The court that is hearing an application under section 67 must declare that the respondent has unexplained wealth if it is more likely than not that the respondent's total wealth is greater than his or her lawfully acquired wealth.

(2) Any property, service, advantage or benefit that is a constituent of the respondent's wealth is presumed not to have been lawfully acquired unless the respondent establishes the contrary.

(3) Without limiting the matters to which a court may have regard for the purpose of deciding whether the respondent has unexplained wealth, the court may have regard to the amount of the respondent's income and outgoings at any time or at all times.

(4) When a court makes an unexplained wealth declaration, the court must -

(a) assess the respondent's unexplained wealth in accordance with section 69;

(b) specify the assessed value of the unexplained wealth in the declaration; and

(c) order the respondent to pay to the Territory the amount specified in the declaration as the value of his or her unexplained wealth.

(5) When making an unexplained wealth declaration, the court may make any necessary or convenient ancillary orders, including awarding costs as the court sees fit.