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  

View history reference

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

View history reference

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

 View history note

 Hide history note

History

S 130 amended by No 4 of 2010, s 3 and Sch 1 items 73 and 74, by substituting " *unlawful activity " for " offence " (first occurring) and substituting " unlawful activity " for " offence " in para (a), applicable in relation to pecuniary penalty orders applied for on or after 20 February 2010, whether the conduct constituting the offence concerned occurred or occurs before, on or after that commencement.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.