The court may confirm the ^* pecuniary penalty order if the court is satisfied that, when the ^* DPP applied for the order, the court could have made the order:

(a)

on the ground that:

(i)

if the offence in relation to which the person's conviction was ^* quashed is a ^* terrorism offence—the person had committed the offence; or

(ii)

if the offence in relation to which the person's conviction was ^* quashed is not a ^* terrorism offence—the person had committed the offence within the period of 6 years referred to in subsection 116(2) in relation to that order, or since the end of that period; and

(b)

without relying on the person's conviction of the offence.