Criminal Property Forfeiture Act 2002

The respondent's unexplained wealth is the difference between:

the respondent's total wealth; and

the respondent's lawfully acquired wealth.

When assessing the respondent's wealth:

the value of any property, service, advantage or benefit that is a constituent of the respondent's wealth is taken to be the greater of:

its value at the time that it was acquired; and

its value on the day that the application for the unexplained wealth declaration was made; and

the value of any property, service, advantage or benefit that was a constituent of the respondent's wealth but has been given away, used, consumed or discarded, or that is for any other reason no longer available, is taken to be an outgoing at the greater of:

its value at the time that it was acquired; and

its value immediately before it was given away, or was used, consumed or discarded, or stopped being available; and

the court that is hearing an application under section 67 must not take account of:

any property that has been forfeited under this Act or any other

any property, service, advantage or benefit that was taken into account in making an earlier unexplained wealth declaration against the respondent; or

any property, service, advantage or benefit in relation to which a criminal benefits declaration has been made.