(1) A court with * proceeds jurisdiction must make an order requiring a person
to pay an amount to the Commonwealth if:
- (a)
- the * DPP 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)
- subject to subsection (2), 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.
(2) Subparagraph (1)(b)(ii) does not apply in relation to a *
serious offence that is not a * terrorism offence unless the court is
satisfied that the offence was committed:
- (a)
- within the 6 years preceding
the application (or, if some or all of the * person's property is already
covered by a * restraining order, preceding the application for the
restraining order); or
- (b)
- since the application was made.
The period of 6 years may be a period that began before the commencement of
this Act.
(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 the DPP applying
for pecuniary penalty orders if previous applications for
pecuniary penalty orders have already been made: see section 135.
Commonwealth Numbered Acts