Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 1   Proceeds of crime

Part 2   Pecuniary penalty orders

Proceeds of Crime Act 2002

76   After subsection 133(2)

Insert:

(2A) The *penalty amount may be increased if:

(a) the penalty amount was reduced under section 130 to take account of a forfeiture of property or a proposed *forfeiture order against property; and

(b) one of the following orders has been made:

(i) an order under section 73 or 94 excluding an *interest in the property from forfeiture;

(ii) an order under section 77 or 94A (which deal with compensation) directing the Commonwealth to pay an amount to a person in relation to a proportion of an interest in the property that was not derived or realised from the commission of any offence;

(iii) an order under section 102 (which deals with the recovery of property) in relation to an interest in the property.

The amount of the increase is such amount as the court considers appropriate.

(2B) In determining the amount of the increase for the purposes of subsection (2A), the court may have regard to:

(a) if subparagraph (2A)(b)(i) or (iii) applies - the value of the interest, as at the time the order was made; and

(b) if subparagraph (2A)(b)(ii) applies - the amount that the Commonwealth was required to pay; and

(c) any other matter the court considers relevant.