Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 2 - Penalty amounts  

Subdivision C - Reducing penalty amounts  

SECTION 130  

130   Reducing penalty amounts to take account of forfeiture and proposed forfeiture  

The * penalty amount under a * pecuniary penalty order against a person is reduced by an amount equal to the value, as at the time of the making of the order, of any property that is * proceeds of the *unlawful activity to which the order relates if:

(a) the property has been forfeited, under this Act or another law of the Commonwealth or under a law of a * non-governing Territory, in relation to the unlawful activity to which the order relates; or

(b) an application has been made for a * forfeiture order that would cover the property.