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PESTICIDES ACT 1999 - SECT 98 Orders regarding monetary benefits

PESTICIDES ACT 1999 - SECT 98

Orders regarding monetary benefits

98 Orders regarding monetary benefits

(1) The court may order the offender to pay, as part of the penalty for committing the offence, an additional penalty of an amount not exceeding the court's estimation of the amount of any monetary benefits acquired by the offender, or accrued or accruing to the offender, as a result of the commission of the offence.
(2) The amount of an additional penalty for an offence is not subject to any maximum amount of penalty provided elsewhere by or under this Act.
(2A) For subsection (1), the Environment Protection Authority may submit to the court a reasonable estimate of the amount of monetary benefits acquired by, or accrued or accruing to, a person as a result of the commission of the offence.
(2B) The reasonable estimate may be calculated--
(a) in accordance with a protocol prescribed by the regulations, or
(b) using another method, formula or approach the Environment Protection Authority considers appropriate.
(3) In this section--


"monetary benefits" means monetary, financial or economic benefits.


"the court" does not include the Local Court.