Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 3 - How pecuniary penalty orders are obtained  

SECTION 138   Procedure on application  

138(1)    
The person who would be subject to the * pecuniary penalty order if it were made may appear and adduce evidence at the hearing of the application.

138(2)    

View history reference

The court may, in determining the application, have regard to:

(a) the transcript of any proceeding against the person for an offence that constitutes *unlawful activity; and

View history reference

(b) the evidence given in any such proceeding.

 View history note

 Hide history note

History

S 138(2) amended by No 4 of 2010, s 3 and Sch 1 items 162 and 163, by substituting " The court " for " If the application relates to a person ' s conviction of an * indictable offence, the court " and substituting 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. Para (a) formerly read:

(a) the transcript of any proceeding against the person for:

(i) that offence; or

(ii) if the person is taken to be convicted of that offence because of paragraph 331(1)(c) - the other offence referred to in that paragraph; and

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.