Victorian Current Acts Victorian Current Acts(1) The Court may order the person to pay an amount not exceeding the amount that the Court is satisfied on the balance of probabilities represents the amount of any monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention in relation to which the order is made.
(2) When determining an amount that the person must pay under an order under subsection (1), the Court may take into account—
(a) the person's financial circumstances; and
(b) any amount submitted to the Court by the Authority under subsection (3).
(3) The Authority may submit to the Court the amount the Authority considers to be a reasonable estimate of the amount of monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or contravention in relation to which the order under subsection (1) is sought, as determined in accordance with—
(a) a prescribed guideline, method or protocol; or
(b) any other method the Authority considers appropriate.
(4) For the purposes of subsection (1), the Court may assume that an amount represents the amount of any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of an offence or contravention if—
(a) the Authority submits that amount to the Court under subsection (3); and
(b) the Authority determined that amount in accordance with a prescribed guideline, method or protocol.
(5) Nothing in this section or an order made under subsection (1) limits or otherwise affects the operation of Part 8 of the Confiscation Act 1997 .
(6) Any amount received as the payment of an order made under subsection (1) must be paid into the Consolidated Fund.
(7) In this section—
"monetary benefits" means monetary, financial or economic benefits and includes any monetary, financial or economic benefit the person acquires or accrues by avoiding or delaying the person's compliance with the provision, condition or duty to which the person's offence or contravention relates.
S. 330 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).