Document ID: chunk:federal_register_of_legislation:C2025C00034:section:135
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 135
Character Range: 254590–255679

135  Additional application for a pecuniary penalty order
 (1) A *proceeds of crime authority cannot, unless the court gives leave, apply for a *pecuniary penalty order against a person in respect of *benefits the person derived from the commission of an offence if:
 (a) an application has previously been made:
 (i) under this Division; or
 (ii) under another law of the Commonwealth; or
 (iii) under a law of a *non‑governing Territory;
  for a pecuniary penalty in respect of those benefits the person derived from the commission of the offence; and
 (b) the application has been finally determined on the merits.
 (2) The court must not give leave unless it is satisfied that:
 (a) the *benefit to which the new application relates was identified only after the first application was determined; or
 (b) necessary evidence became available only after the first application was determined; or
 (c) it is in the interests of justice to give the leave.
 (3) An application for a *literary proceeds order is not, for the purposes of this section, an application for a pecuniary penalty.