Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 5 - The effect on pecuniary penalty orders of convictions being quashed  

SECTION 149A   Court may vary pecuniary penalty order  

149A(1)    
The court may vary the *pecuniary penalty order by reducing the *penalty amount by an amount worked out under subsection (2) if the court is satisfied that:

(a) the order relates to more than one offence; and

(b) when the *responsible authority applied for the order, the court could have made the order in relation to at least one of the offences that has not been *quashed.

149A(2)    
The amount is an amount equal to so much of the *penalty amount as the court reasonably believes to be attributable to a person's conviction of an offence:

(a) to which the *pecuniary penalty order relates; and

(b) that was *quashed.

149A(3)    
In determining the amount by which the *penalty amount should be reduced under subsection (2), the court may have regard to:

(a) the transcripts and evidence referred to in subsection 148(2) ; and

(b) the transcript of, and the evidence given in, any proceedings relating to the application for the *pecuniary penalty order or any application to vary the order; and

(c) any other matter that the court considers relevant.