"63A. Presumption of property or interest. (1) In assessing the benefit derived by a person from the offence of corruption, it shall be rebuttable presumption that-
(a)
any property or interest acquired by the convict within a period of ten years preceding his or her conviction represents a proceed or benefit derived from the offence of corruption; or
(b)
any expenditure incurred by the convicted person at any time before conviction was met from property obtained by him or her as a result of the offence of corruption.
(2)
Where the Director of Public Prosecutions or the Inspector General of Government proves that the convicted person committed the offence of corruption prior to the period in subsection (1) (a), court shall take into account any property or interest acquired by the convicted person when accessing the value of the benefit enjoyed.
(3)
The Court shall not make a presumption under subsection (1) in relation to property, interest or expenditure if the presumption is shown to be correct, there would be a serious risk of injustice if the presumption were made.
(4)
A person convicted shall be given an opportunity to adduce evidence in rebuttal to the presumption that the property, interest or expenditure does not represent proceeds of an offence under this Act.
(5)
The proof in rebuttal under subsection (3) shall be on the balance of probabilities.
63B Assessment order. (1) Where the court is satisfied that the convicted person derived benefit from the offence for which he or she was convicted under this Act, it shall make an assessment order, directing the convicted person to pay the stated amount within a period of six months. (2) Where an assessment order has been issued under this section, the convicted person may, on notifying the Director of Public Prosecutions or the Inspector General of Government, apply to court to have the restraining order lifted for purposes of satisfying the assessment order.
(a)
grant the application to lift the restraining order on terms it deems fit;
(b)
reject the application and instead appoint a receiver to realise the restrained property for purposes of satisfying the assessment order.
(4)
For the avoidance of doubt, the assessment order shall not have any mitigating effect on the sentence for the offence committed by the convicted person."