Proceeds of Crime Act 2002

S 149 amended by No 174 of 2011, s 3 and Sch 2 item 84, by substituting " *responsible authority " for " *DPP " , effective 1 January 2012. For application provisions see note under s 315B .

S 149 substituted by No 3 of 2010, s 3 and Sch 2 item 30, applicable in relation to pecuniary penalty orders applied for after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. S 149 formerly read:

SECTION 149 Court may confirm pecuniary penalty order  
149
The court may confirm the * pecuniary penalty order if the court is satisfied that, when the * DPP applied for the order, the court could have made the order:

(a) on the ground that:

(i) if the offence in relation to which the person ' s conviction was * quashed is a * terrorism offence - the person had committed the offence; or

(ii) if the offence in relation to which the person ' s conviction was * quashed is not a * terrorism offence - the person had committed the offence within the period of 6 years referred to in subsection 116(2) in relation to that order, or since the end of that period; and

(b) without relying on the person ' s conviction of the offence.