Western Australian Current Acts Western Australian Current Acts (1) Where a person is
convicted by the Supreme Court of an offence against section 6 the Court may,
in addition to imposing a penalty, make one or more of the following orders
—
(a) an
order for the forfeiture of specified equipment used in the commission of the
offence; and
(b) an
order —
(i)
for the forfeiture of specified petroleum conveyed
through a pipeline in the course of the commission of the offence; or
(ii)
for the payment by that person to the State of an amount
equal to the proceeds of the sale of specified petroleum so conveyed; or
(iii)
for the payment by that person to the State of an amount
equal to the value at the well-head, assessed by the Court, of the quantity,
so assessed, of petroleum so conveyed or for the payment of such part of that
amount as the Court, having regard to all the circumstances, thinks fit.
(2) Where the Court is
satisfied that an order made under subsection (1)(b)(i) cannot, for any
reason, be enforced, the Court may, upon the application of the person by whom
the proceedings were brought, set aside the order and make either of the
orders referred to in subsection (1)(b)(ii) or (iii).
(3) The Court may,
before making an order under this section, require notice to be given to, and
hear, such persons as the Court thinks fit.
[Section 66C inserted: No. 12 of 1990 s. 157.]