Victorian Current Acts Victorian Current Acts(1) When determining an amount that the person must pay under a monetary benefits order or a civil penalty order under section 54A(1)(b) or 54C(1)(b)(ii), the court may take into account—
(a) the person's financial circumstances; and
(b) any amount submitted to the court by the Commission under subsection (2).
(2) The Commission, or a person authorised by the Commission, may submit to the court the amount the Commission 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 of the civil penalty requirement or enforceable undertaking in relation to which the monetary benefits order or civil penalty order is sought as determined in accordance with—
(a) a prescribed guideline, method or protocol; or
(b) any other method the Commission considers appropriate.
(3) For the purposes of sections 54A(1)(b), 54C(1)(b)(ii), 54ZF and 61B(3), 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 the offence or the contravention of the civil penalty requirement or enforceable undertaking if—
(a) the Commission submits that amount to the court under subsection (2); and
(b) the Commission determined that amount in accordance with a prescribed guideline, method or protocol.
(4) The amount of money that the court may order a person to pay under section 54A(1)(b), 54C(1)(b)(ii), 54ZF or 61B(3) is not limited by—
(a) any penalty that may be imposed under this Act; or
(b) the jurisdictional limit for a civil proceeding specified under section 100(1) of the Magistrates' Court Act 1989 .
(5) Nothing in a civil penalty order, monetary benefits order, this section or section 54A(1)(b), 54C(1)(b)(ii), 54ZF or 61B(3), affects the operation of Part 8 of the Confiscation Act 1997 .
S. 62C inserted by No. 41/2021 s. 35.