Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 58

Application for pecuniary penalty order

58. Application for pecuniary penalty order



(1) If a defendant is convicted of a Schedule 2 offence, the DPP may apply to
the Supreme Court or the court before which the defendant was convicted of the
offence for a pecuniary penalty order.

(2) If a defendant is convicted of a Schedule 1 offence other than a Schedule
2 offence-

   (a)  the DPP may apply to a court; or

   (b)  an appropriate officer may apply to the Magistrates' Court or the
        Children's Court-

for a pecuniary penalty order.

(3) Except with the leave of the Supreme Court or the court before which the
defendant was convicted, an application may only be made under subsection (1)
or (2) before the end of the relevant period (if any) in relation to the
conviction.

(4) A court must not grant leave under subsection (3) unless it is satisfied
that-

   (a)  the benefit to which the application relates was derived, realised or
        identified only after the end of the relevant period; or

   (b)  necessary evidence became available only after the end of the relevant
        period; or

   (c)  it is otherwise in the interests of justice to do so.

(5) The applicant must give written notice of the application to the
defendant.

(6) The court may waive the requirement under subsection (5) to give notice if
the court is satisfied that it is fair to do so.

(7) The court may, at any time before the final determination of the
application and whether or not the period for making the application has
expired, amend the application as it thinks fit, either at the request of the
applicant or with the approval of the applicant.

(8) If an application under subsection (1) or (2) has been finally determined,
no further application may be made under that subsection in relation to the
same conviction, except with the leave of the Supreme Court or the court which
dealt with the earlier application.

(9) A court must not grant leave under subsection (8) unless it is satisfied
that-

   (a)  the benefit to which the new application relates was derived, realised
        or identified only after the earlier application was determined; or

   (b)  necessary evidence became available only after the earlier application
        was determined; or

   (c)  it is otherwise in the interests of justice to do so.