Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 63

Application for pecuniary penalty order

63. Application for pecuniary penalty order



(1) If a defendant has been charged with a Schedule 2 offence, the DPP or a
prescribed person, or a person belonging to a prescribed class of persons, may
apply to the Supreme Court for a pecuniary penalty order.

(2) For the purposes of this Division, it does not matter that the charge has
been withdrawn or finally determined.

(3) If a restraining order is in force under Part 2, the application under
subsection (1) may only be made within the period of 7 days after the making
of the restraining order, except with the leave of the Supreme Court.

(3A) If a charge has been withdrawn or finally determined, the application
under subsection (1) may only be made within the period of 6 months after the
day on which the charge was withdrawn or finally determined, except with the
leave of the Supreme Court.

(4) The Supreme Court must not grant leave under subsection (3) or (3A) unless
it is satisfied that-



   (a)  the benefit to which the application relates was derived, realised or
        identified only after the end of the period referred to in subsection
        (3) or (3A), as the case may be; or

   (b)  necessary evidence became available only after the end of that 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 Supreme 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 Supreme 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) An application under subsection (1) must not be heard and determined
before the expiry of 60 days after the making of the application.





(9) If an application under subsection (1) has been finally determined, no
further application may be made under that subsection in relation to the same
Schedule 2 offence, except with the leave of the Supreme Court.

(10) The Supreme Court must not grant leave under subsection (9) 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.

(11) The Supreme Court may-

   (a)  order that the whole or any part of the proceeding be heard in closed
        court; or

   (b)  order that only persons or classes of persons specified by it may be
        present during the whole or any part of the proceeding; or

   (c)  make an order prohibiting the publication of a report of the whole or
        any part of the proceeding or of any information derived from the
        proceeding.

(12) The court must cause a copy of any order made under subsection (11) to be
posted on a door of the court house or in another conspicuous place where
notices are usually posted at the court house.





(13) A person must not contravene an order posted under subsection (12).

Penalty: Imprisonment for 12 months or 1000 penalty units.