Criminal Property Confiscation Act 2000

On hearing an application under section 11(1), the court must declare that the respondent has unexplained wealth if it is more likely than not that the total value of the respondent’s wealth is greater than the value of the respondent’s lawfully acquired wealth.

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.

Without limiting the matters to which the 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 expenditure at any time or at all times.

When making a declaration, the court is to —

assess the value of the respondent’s unexplained wealth in accordance with section 13; and

specify the assessed value of the unexplained wealth in the declaration.

The court may make any necessary or convenient ancillary orders.