Document ID: chunk:federal_register_of_legislation:C2018C00169:section:27:p3
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 27 (pt 3/4)
Character Range: 70667–73168

treat the value of the benefits derived by the person from the commission of the offences as being not less than the amount of the excess;
 (b) if, after evidence of the kind referred to in paragraph (a) is given, the person satisfies the court that the whole of the excess was due to causes unrelated to the commission of the offences, paragraph (a) does not apply to the excess;
 (c) if, after evidence of the kind referred to in paragraph (a) is given, the person satisfies the court that a part of the excess was due to causes unrelated to the commission of the offences, paragraph (a) applies to the excess as if it were reduced by the amount of that part.
 (6) Where an application is made for a pecuniary penalty order against a person in relation to a serious offence or serious offences:
 (a) all property of the person at the time the application is made; and
 (b) all property of the person at any time:
 (i) within the period between the day the offence, or the earliest offence, was committed and the day on which the application is made; or
 (ii) within the period of 5 years immediately before the day on which the application is made;
  whichever is the shorter;
shall be presumed, unless the contrary is proved, to be property that came into the possession or under the control of the person by reason of the commission of the offence or offences.
 (7) A benefit shall not be taken into account for the purposes of this section if a pecuniary penalty has been imposed in respect of the benefit under:
 (a) this Act;
 (b) Division 3 of Part XIII of the Customs Act;
 (c) a law of a Territory; or
 (d) a law of a State.
 (8) In calculating, for the purposes of an application for a pecuniary penalty order, the value of benefits derived by a person from the commission of an offence or offences, any expenses or outgoings of the person in connection with the commission of the offence or offences shall be disregarded.
 (9) For the purposes of this section, where property of a person vests in an insolvency trustee, the property shall be taken to continue to be the property of the person.
 (10) At the hearing of an application for a pecuniary penalty order, a police officer, or a Customs officer, who is experienced in the investigation of narcotics offences may testify, to the best of the officer's information, knowledge and belief:
 (a) with respect to the amount that was the market value of a narcotic substance at a particular time or during a particular period; or
 (b) with