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CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 74 Limitation on powers of courts of summary jurisdiction

CRIME (CONFISCATION OF PROFITS) ACT 1993 - SECT 74

Limitation on powers of courts of summary jurisdiction

(1)  In this section specified amount means –
(a) $20 000; or
(b) if another amount is prescribed – the prescribed amount.
(2)  A court of summary jurisdiction is not, in relation to the conviction of a person for a particular offence, to make a forfeiture order in respect of property unless it is satisfied that the value of the property, together with the value of any other property that is the subject of any other undischarged forfeiture order made by that court in relation to that conviction, does not exceed the specified amount.
(3)  A court of summary jurisdiction is not, in relation to the conviction of a person for a particular offence, to make a pecuniary penalty order against that person unless it is satisfied that the amount payable under the order, together with the amount payable under any other undischarged pecuniary penalty order made against that person by that court in relation to that conviction, does not exceed the specified amount.
(4)  A court of summary jurisdiction is not to make a forfeiture order in respect of real property, except in such circumstances as may be prescribed.
(5)  For the purposes of this section, the value of property is its value as determined by the court of summary jurisdiction.