New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 597

597 Commercial benefits penalty order

(1) If a court convicts a person of an offence against this Law, the court may, on application by the prosecutor, make an order (a
"commercial benefits penalty order" ) requiring the person to pay, as a fine, an amount not exceeding 3 times the amount estimated by the court to be the gross commercial benefit--

(a) received or receivable, by the person or by an associate of the person, from the commission of the offence; and

(b) for a journey that was interrupted or not commenced because of action taken by an authorised officer in connection with the commission of the offence--that would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed.

(2) In estimating the gross commercial benefit, the court may take into account--

(a) benefits of any kind, whether or not monetary; and

(b) any other matters it considers relevant, including, for example--

(i) the value of any goods involved in the offence; and

(ii) the distance over which the goods were, or were to be, carried.

(3) However, in estimating the gross commercial benefit, the court must disregard any costs, expenses or liabilities incurred by the person or by an associate of the person.

(4) Nothing in this section prevents the court from ordering payment of an amount that is less than the estimated gross commercial benefit.