(1) On an application for a pecuniary penalty order against a person, the
court may or, if the offence is a major drug offence, must—
(a) assess the
value of the benefits derived by the person under division 3 ; and
(b) order
the person to pay to the State a pecuniary penalty equal to the assessed value
of the benefits less the amounts deducted under subsections (2) and (3) .
(2)
The value, when the pecuniary penalty order is made, of any of the following
property must be deducted—
(a) property for which a forfeiture order is made
for the same conviction;
(b) property forfeited under a serious drug offender
confiscation order.
(3) The court may also deduct either of the following
amounts, if the court considers it appropriate to take the amount into
account—
(a) any amount payable for restitution or compensation for the same
conviction;
(b) the value of any property forfeited under a forfeiture order
under chapter 2 made in relation to a period including the day the offence to
which the conviction relates was committed.
(4) The amount payable by the
person to the State under the pecuniary penalty order is a debt payable by the
person to the State.
(5) The order may be enforced as if it were a money
order made by a court in a civil proceeding taken by the State against the
person for the recovery of the amount payable under the pecuniary penalty
order.
