233. Recoverable and available amounts.

For the purposes of making a confiscation order1 the 'recoverable amount' is an amount equal to the defendant's benefit from the conduct2 concerned3. But if the defendant shows that the available amount is less than that benefit the recoverable amount is the available amount4 or a nominal amount, if the available amount is nil5. If the court decides the available amount, it must include in the confiscation order a statement of its findings as to the matters relevant for deciding that amount6.

For the purposes of deciding the recoverable amount, the 'available amount' is the aggregate of: (1) the total