(1) The person who would be subject to the ^* pecuniary penalty order if it were made may appear and adduce evidence at the hearing of the application. (2) If the application relates to a person's conviction of an ^* indictable offence, the court may, in determining the application, have regard to:

(a)

the transcript of any proceeding against the person for:

(i)

that offence; or

(ii)

if the person is taken to be convicted of that offence because of paragraph 331(1)(c)—the other offence referred to in that paragraph; and

(b)

the evidence given in any such proceeding.