Document ID: chunk:federal_register_of_legislation:C2011C00166:clause:1_149a
Version: federal_register_of_legislation:C2011C00166
Segment Type: clause
Provision Reference: sch 1 cl 149A
Character Range: 38817–39901

149A  Court may vary pecuniary penalty order

 (1) The court may vary the *pecuniary penalty order by reducing the *penalty amount by an amount worked out under subsection (2) if the court is satisfied that:
 (a) the order relates to more than one offence; and
 (b) when the *DPP applied for the order, the court could have made the order in relation to at least one of the offences that has not been *quashed.

 (2) The amount is an amount equal to so much of the *penalty amount as the court reasonably believes to be attributable to a person's conviction of an offence:
 (a) to which the *pecuniary penalty order relates; and
 (b) that was *quashed.

 (3) In determining the amount by which the *penalty amount should be reduced under subsection (2), the court may have regard to:
 (a) the transcripts and evidence referred to in subsection 148(2); and
 (b) the transcript of, and the evidence given in, any proceedings relating to the application for the *pecuniary penalty order or any application to vary the order; and
 (c) any other matter that the court considers relevant.