Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (4 of 2010)

Schedule 1   Proceeds of crime

Part 2   Pecuniary penalty orders

Proceeds of Crime Act 2002

91   After section 149

Insert:

149A Court may vary pecuniary penalty order

(1) The court may vary the *pecuniary penalty order by reducing the *penalty amount by an amount worked out under subsection (2) if the court is satisfied that:

(a) the order relates to more than one offence; and

(b) when the *DPP applied for the order, the court could have made the order in relation to at least one of the offences that has not been *quashed.

(2) The amount is an amount equal to so much of the *penalty amount as the court reasonably believes to be attributable to a person's conviction of an offence:

(a) to which the *pecuniary penalty order relates; and

(b) that was *quashed.

(3) In determining the amount by which the *penalty amount should be reduced under subsection (2), the court may have regard to:

(a) the transcripts and evidence referred to in subsection 148(2); and

(b) the transcript of, and the evidence given in, any proceedings relating to the application for the *pecuniary penalty order or any application to vary the order; and

(c) any other matter that the court considers relevant.


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