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s 18

Criminal benefits declarations, limits on making and ancillary orders for

In force
Part 3Identifying and recovering confiscable property
Division 2Criminal benefits

18 Criminal benefits declarations, limits on making and ancillary orders for

(1)

The court is not to make a criminal benefits declaration in relation to any property, service, advantage or benefit if —

(a)

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

(b)

the property, service, advantage or benefit has been confiscated under this Act or any other enactment; or

(c)

the property, service, advantage or benefit, or its value, has been taken into account for the purpose of making an unexplained wealth declaration against the respondent.

(2)

When making a criminal benefits declaration, the court is to —

(a)

assess the value of the criminal benefit acquired by the respondent in accordance with section 19; and

(b)

specify the assessed value of the criminal benefit in the declaration.

(3)

When making a criminal benefits declaration, the court may make any necessary or convenient ancillary orders.

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