CONFISCATION ACT 1997 - SECT 58 Application for pecuniary penalty order
CONFISCATION ACT 1997 - SECT 58
Application for pecuniary penalty orderS. 58(1) amended by Nos 87/2004 s. 19(b), 68/2009 s. 97(Sch. item 23.42), substituted by No. 27/2016 s. 17.
(1) If an accused is convicted of a Schedule 2 offence—
(a) the DPP may apply to the Supreme Court or the court before which the accused was convicted of the offence; or
(b) where the accused was convicted of the offence before the Magistrates' Court or the Children's Court, an appropriate officer may apply to that court—
for a pecuniary penalty order.
S. 58(2) amended by Nos 87/2004 s. 19(c), 68/2009 s. 97(Sch. item 23.42(a)).
(2) If an accused 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.
S. 58(3) amended by No. 68/2009 s. 97(Sch. item 23.42(b)).
(3) Except with the leave of the Supreme Court or the court before which the accused 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.
S. 58(5) amended by No. 68/2009 s. 97(Sch. item 23.42(b)).
(5) The applicant must give written notice of the application to the accused.
(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.