ORGANISED CRIME
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subject, the order is to be made against the estate of the deceased subject.
(2) Sections 61(3) and (4) and 62(2) and (3) do not apply to any deceased subject.
(3) The following provisions apply in determining whether a deceased subject had derived benefits from organised crime activity carried out by the subject within the statutory period and in determining those benefits and the value of those benefits:
- (a) a deceased subject is, until the contrary is proved on a balance of probabilities, presumed to have derived benefits from the organised crime activity if the subject had, at any time (whether before, on or after the date of commencement of this Part) since the beginning of the period of 6 years ending at the date of the subject's death, held any property or interest in property disproportionate to the subject's known sources of income, and the holding of which cannot be explained to the satisfaction of the Court;
- (b) the benefits derived by a deceased subject from the organised crime activity is any property or interest in property held by the subject during the period mentioned in paragraph (a), being property or interest disproportionate to the subject's known sources of income, and the holding of which cannot be explained to the satisfaction of the Court;
- (c) the value of the benefits derived by a deceased subject from the organised crime activity is the sum of the values of those properties and interests less the value of any benefits of organised crime activity that are shown to the Court to have been taken into account in determining the amount to be recovered under any confiscation order previously made against the deceased subject under this Act or the CDSA.
(4) In this section, a reference to property or interest in property includes a reference to income accruing from such property or interest.
