Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 69

Variation of pecuniary penalty order

69. Variation of pecuniary penalty order



(1) If-

   (a)  a court made a pecuniary penalty order under this Part in relation to
        an offence; and

   (b)  in assessing the value of the benefits derived, the court took into
        account the making of a restitution or compensation order under the
        Sentencing Act 1991 against the defendant in relation to the offence;
        and





   (c)  an appeal against the restitution or compensation order is allowed-

the DPP or the defendant may apply to the court which made the pecuniary
penalty order for a variation of that order, taking into account the
successful appeal.

(2) An applicant under subsection (1) must give written notice of the
application to the DPP or the defendant, as the case may be.

(3) On an application under subsection (1) the court may, if it considers it
appropriate to do so, vary the pecuniary penalty order.