Northern Territory Consolidated Acts

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL PROPERTY FORFEITURE ACT - SECT 76

Criminal benefit declaration

76. Criminal benefit declaration - unlawfully acquired property

(1) A court that is hearing an application under section 73 must declare that the respondent has acquired a criminal benefit if it is more likely than not that -

(a) the property, service, advantage or benefit described in the application is a constituent of the respondent's wealth; and

(b) the property, service, advantage or benefit was not lawfully acquired.

(2) If the respondent has been convicted or is taken to have been convicted of a forfeiture offence, or it is more likely than not that the respondent is or has been involved in the commission of a forfeiture offence, it is presumed that the property, service, advantage or benefit was not lawfully acquired unless the respondent establishes the contrary.



[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]