Proceeds of Crime Act 2002
A court with * proceeds jurisdiction must make an order requiring a person to pay an amount to the Commonwealth if:
(a) a *proceeds of crime authority applies for the order; and
(b) the court is satisfied of either or both of the following:
(i) the person has been convicted of an * indictable offence, and has derived * benefits from the commission of the offence;
(ii) the person has committed a * serious offence.
Note:
The conviction for, or reasonable grounds for suspecting commission of, an indictable offence could be used as grounds for a restraining order under Part 2-1 covering all or some of the person ' s property.
View history note
Hide history note116(2)
(Repealed by No 3 of 2010)
116(3)
In determining whether a person has derived a * benefit, the court may treat as property of the person any property that, in the court ' s opinion, is subject to the person ' s * effective control.
116(4)
The court ' s power to make a * pecuniary penalty order in relation to an offence is not affected by the existence of another * confiscation order in relation to that offence.
Note:
There are restrictions on applications pecuniary penalty orders if previous applications for pecuniary penalty orders have already been made: see section 135 .
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