Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 2 - Penalty amounts  

Subdivision A - General  

SECTION 121   Determining penalty amounts  

121(1)    
The amount that a person is ordered to pay to the Commonwealth under a * pecuniary penalty order (the penalty amount ) is the amount the court determines under this Division.

121(2)    
If the offence to which the order relates is not a * serious offence, the * penalty amount is determined by:

(a) assessing under Subdivision B the value of the * benefits the person derived from the commission of the offence; and

(b) subtracting from that value the sum of all the reductions (if any) in the penalty amount under Subdivision C .

121(3)    
If the offence to which the order relates is a * serious offence, the * penalty amount is determined by:

(a) assessing under Subdivision B the value of the * benefits the person derived from:

(i) the commission of that offence; and

(ii) subject to subsection (4), the commission of any other offence that constitutes * unlawful activity; and

(b) subtracting from that value the sum of all the reductions (if any) in the penalty amount under Subdivision C .

Note:

Pecuniary penalty orders can be varied under Subdivision D to increase penalty amounts in some cases.

121(4)    
Subparagraph (3)(a)(ii) does not apply in relation to an offence that is not a * terrorism offence unless the offence was committed:

(a) within:

(i) if some or all of the person ' s property, or property suspected of being subject to the *effective control of the person, is covered by a * restraining order - the period of 6 years preceding the application for the restraining order; or

(ii) otherwise - the period of 6 years preceding the application for the * pecuniary penalty order; or

(b) during the period since that application for the restraining order or the pecuniary penalty order was made.