CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 95

CRIMINAL ASSETS CONFISCATION ACT 2005 - SECT 95

95—Making pecuniary penalty orders

        (1)         A court must, on application by the DPP, make an order (a "pecuniary penalty order") requiring a specified person to pay to the Crown an amount determined under Subdivision 2 if satisfied that—

            (a)         the person has been convicted of, or has committed, a serious offence; and

            (b)         the person derived benefits from the commission of the offence.

        (2)         A court may, on application by the DPP, make an order (a "pecuniary penalty order") requiring a specified person to pay to the Crown an amount determined under Subdivision 2 if satisfied that—

            (a)         the person has been convicted of, or has committed, a serious offence; and

            (b)         the person's property includes an instrument of the offence.

        (3)         In considering whether it is appropriate to make a pecuniary penalty order under subsection (2), the court may have regard to—

            (a)         any hardship that may reasonably be expected to be caused to any person (other than the person against whom the order is sought) by the operation of the order; and

            (b)         the use that is ordinarily made, or was intended to be made, of the property; and

            (c)         the gravity of the offence or offences concerned; and

            (d)         any other matter the court thinks fit.

        (4)         A court is not prevented from making a pecuniary penalty order in relation to a serious offence merely because of the existence of another confiscation order in relation to the offence.

        (5)         An application for a pecuniary penalty order must be made—

            (a)         before the end of the period of 9 months commencing on the conviction day; or

            (b)         if, at the end of the period of 9 months commencing on the conviction day, an extended period applies in accordance with section 75—before the end of the period of 3 months commencing on the day the extended period ends.

        (6)         An application for a pecuniary penalty order may be made in relation to one or more serious offences.

        (7)         An application may be made for a pecuniary penalty order in relation to benefits derived from the commission of a serious offence even if—

            (a)         a forfeiture order in relation to the offence, or an application for such a forfeiture order, has been made; or

            (b)         Part 4 Division 2 applies to the offence.

        (8)         A person who would be subject to a pecuniary penalty order if it were made may appear and adduce evidence at the hearing of the application.