Northern Territory Consolidated Acts

CRIMINAL PROPERTY FORFEITURE ACT - SECT 78

(1) When making a criminal benefit declaration, the court must -

(a) assess, in accordance with section 79, the value of the criminal benefit acquired by the respondent;

(b) specify in the declaration the assessed value of the criminal benefit; and

(c) order the respondent to pay to the Territory the amount specified in the declaration as the value of the criminal benefit the respondent has acquired.

(2) A court must not make a criminal benefit declaration in relation to any property, service, advantage or benefit if -

(a) the property, service, advantage or benefit has been taken into account for the purpose of making an unexplained wealth declaration against the respondent;

(b) a criminal benefits declaration has already been made in relation to the property, service, advantage or benefit; or

(c) the property, service, advantage or benefit (or its value) has been forfeited under this Act or any other Act.

(3) When making a criminal benefit declaration, the court may make any necessary or convenient ancillary orders, including awarding costs as the court sees fit.