Proceeds of Crime Act 2002
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.
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