Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A court with * proceeds jurisdiction must make an order requiring a person to pay an amount to the Commonwealth if:
(a) a * proceeds of crime authority applies for the order; and
(b) the court is satisfied of either or both of the following:
(i) the person has been convicted of an * indictable offence, and has derived * benefits from the commission of the offence;
(ii) the person has committed a * serious offence.
Note: The conviction for, or reasonable grounds for suspecting commission of, an indictable offence could be used as grounds for a restraining order under Part 2 - 1 covering all or some of the person's property.
(3) In determining whether a person has derived a * benefit, the court may treat as property of the person any property that, in the court's opinion, is subject to the person's * effective control.
(4) The court's power to make a * pecuniary penalty order in relation to an offence is not affected by the existence of another * confiscation order in relation to that offence.
Note: There are restrictions on applications pecuniary penalty orders if previous applications for pecuniary penalty orders have already been made: see section 135.