CHAPTER 2
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THE CONFISCATION SCHEME
PART 2-4
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PECUNIARY PENALTY ORDERS
Division 3
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How pecuniary penalty orders are obtained
SECTION 138
Procedure on application
138(1)
The person who would be subject to the
*
pecuniary penalty order if it were made may appear and adduce evidence at the hearing of the application.
138(2)
The court may, in determining the application, have regard to:
(a)
the transcript of any proceeding against the person for an offence that constitutes *unlawful activity; and
(b)
the evidence given in any such proceeding.
History
S 138(2) amended by No 4 of 2010, s 3 and Sch 1 items 162 and 163, by substituting
"
The court
"
for
"
If the application relates to a person
'
s conviction of an
*
indictable offence, the court
"
and substituting para (a), applicable in relation to pecuniary penalty orders applied for on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement. Para (a) formerly read:
(a)
the transcript of any proceeding against the person for:
(i)
that offence; or
(ii)
if the person is taken to be convicted of that offence because of paragraph
331(1)(c)
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the other offence referred to in that paragraph; and