Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) A court that convicts or finds a person guilty of a heavy vehicle road law offence may, on the application of the prosecutor or the road transport authority, make an order (a commercial benefits penalty order ) under this section.
(2) The court may make a commercial benefits penalty order requiring the person to pay, as a fine, an amount not more than 3 times the amount estimated by the court to be the gross commercial benefit that—
(a) was received or receivable, by the person or an associate of the person, from the commission of the offence; or
(b) for a journey that was interrupted or not begun because of action taken by a police officer or authorised person in relation to the commission of the offence—would have been received or receivable, by the person or an associate of the person, from the commission of the offence had the journey been completed.
Note The court's estimate of gross commercial benefit is dealt with in s 203.
(3) However, the court must not make a commercial benefits penalty order for an amount that is more than 50 penalty units.
(4) Nothing in this section prevents the court from ordering payment of an amount that is—
(a) less than 3 times the estimated gross commercial benefit; or
(b) less than the estimated gross commercial benefit.