Term used: criminal benefit
145 Term used: criminal benefit
For the purposes of this Act, a person has acquired a criminal benefit if —
any property, service, advantage or benefit that is a constituent of the person’s wealth was directly or indirectly acquired as a result of the person’s involvement in the commission of a confiscation offence, whether or not the property, service, advantage or benefit was lawfully acquired; or
the person has been involved in the commission of a confiscation offence, and any property, service, advantage or benefit that is a constituent of the person’s wealth was not lawfully acquired, whether or not the property, service, advantage or benefit was acquired as a result of the person’s involvement in the commission of the offence.
Without limiting subsection (1), the person has acquired a criminal benefit —
whether the property, service, advantage or benefit was acquired before, during or after the confiscation offence was or is likely to have been committed; and
whether or not the property, service, advantage or benefit was acquired before or after the commencement of this Act; and
whether or not the confiscation offence was committed before or after the commencement of this Act.
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