CONFISCATION ACT 1997 - SECT 67 Assessment of benefits

CONFISCATION ACT 1997 - SECT 67

S. 67(1) amended by Nos 43/1998

s. 36(w), 68/2009 s. 97(Sch. item 23.53(a)).

    (1)     For the purposes of this Part, the value of the benefits derived by an accused in relation to an offence may include—

S. 67(1)(aa) inserted by No. 43/1998

s. 24.

        (aa)     any money actually received as a result of the commission of the offence, regardless of expenditures incurred in deriving that money;

S. 67(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.53(b)).

        (a)     any property that was derived or realised, directly or indirectly, by the accused or another person, at the request or by the direction of the accused, as the result of the commission of the offence;

S. 67(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.53(b)).

        (b)     any benefit, service or financial advantage provided for the accused or another person, at the request or by the direction of the accused, as the result of the commission of the offence;

S. 67(1)(c) amended by No. 68/2009 s. 97(Sch. item 23.53(b)).

        (c)     any increase in the total value of property in which the accused has an interest in the period beginning immediately before the commission of the offence and ending at some time after the commission of the offence that the court is not satisfied was due to causes unrelated to the commission of the offence;

S. 67(1)(d) amended by No. 68/2009 s. 97(Sch. item 23.53(b)–(d)).

        (d)     subject to subsection (3), any profits derived by the accused, or by another person on behalf of the accused or at the request or by the direction of the accused, from a depiction of the offence or an expression of the thoughts, opinions or emotions of the accused regarding the offence in—

              (i)     a film, slide, video tape, video disc or any other form of recording from which a visual image can be produced; or

              (ii)     a record, tape, compact disc or any other form of recording from which words or sounds can be produced; or

              (iii)     a book, newspaper, magazine or other written or pictorial matter; or

              (iv)     a radio or television production; or

              (v)     a live entertainment of any kind;

        (e)     any other thing that the court thinks fit to treat as benefits—

but must not include any property forfeited to the Minister under this Act.

    (2)     For the purposes of subsection (1)(c), if an offence is committed between 2 dates, the period begins immediately before the earlier of the 2 dates and ends at some time after the later of the 2 dates.

    (3)     In considering whether to treat profits of a kind referred to in subsection (1)(d) as benefits derived in relation to the offence, the court may have regard to any matters that it thinks fit including—

        (a)     whether it is not in the public interest to treat them as benefits; and

        (b)     whether the depiction or expression has any general social or educational value; and

        (c)     the nature and purposes of the publication, production or entertainment including its use for research, educational or rehabilitation purposes.

Note to s. 67 inserted by No. 42/2007 s. 18(Sch. item 19).

Note

Property is defined as including any interest in property: see section 3(1).