Criminal Asset Recovery Order, 2012 · s 78

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s 78Amounts recovered under benefit recovery order

(1]

Subject to subsection (2), the amount to be recovered from a person under a benefit recovery order shall be the amount which the High Court assesses to be the value of the person's benefit from the serious offence, or if more than one, all the offences in respect of which the order may be made.

(2)

Where the High Court is satisfied aboul any matter relevant for determining the amount which might be realised at the time the benefit recovery order is made (whether by acceptance under section 77 or otherwise), the High

Court shall issue a ruling giving the High Court's opinion as to the matters concerned if satisfied that the amount that might be realised at the time the benefit recovery order is made is less than the amount that the High Court assesses to be the value of the person's benefit from the offence, or if more than one, all the offences in respect of which the benefit recovery order may be made.