Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 62

Discharge of pecuniary penalty order

62. Discharge of pecuniary penalty order



(1) A pecuniary penalty order under this Division is discharged-

   (a)  if the conviction in reliance on which the order was made is
        subsequently quashed; or

   (b)  if-

   (i)  in reliance on the deemed conviction of a person under section
        4(1)(d), a pecuniary penalty order has been made under this Division
        against the person; and

   (ii) after the making of the order, the person surrenders to a member of
        the police force or is found or becomes for any other reason amenable
        to justice; and

   (iii) the person is acquitted, on appeal or otherwise; or

   (c)  if it is discharged by the court which hears an appeal against it
        under section 142; or

   (d)  if the pecuniary penalty is paid.

(2) If a pecuniary penalty order is registered under the
Service and Execution of Process Act 1992 of the Commonwealth, notice of the
discharge of that order must be given as prescribed by the rules of the
Supreme Court.

Division 2-Pecuniary penalty order based on finding of guilt on civil standard