Document ID: chunk:federal_register_of_legislation:C2018C00169:section:27:p1
Version: federal_register_of_legislation:C2018C00169
Segment Type: section
Provision Reference: s 27 (pt 1/4)
Character Range: 65929–68563

27  Assessment of pecuniary penalty
 (1) In this section:
insolvency trustee means:
 (a) in relation to a bankruptcy—the trustee of the estate of the bankrupt; or
 (b) in relation to a composition or scheme of arrangement under Division 6 of Part IV of the Bankruptcy Act 1966—the trustee of the composition or scheme of arrangement; or
 (c) in relation to a personal insolvency agreement under Part X of the Bankruptcy Act 1966—the trustee of the agreement; or
 (d) in relation to the estate of a deceased person in respect of which an order has been made under Part XI of the Bankruptcy Act 1966—the trustee of the estate.
offence period, in relation to an application under subsection 14(1) made in relation to 2 or more offences, means the period commencing when the earlier or earliest of those offences was committed and ending when the later or latest of those offences was committed.
 (2) For the purposes of an application for a pecuniary penalty order against a person (in this subsection called the defendant), the value of the benefits derived by the defendant from the commission of an offence or offences shall be assessed by the court having regard to the evidence before it concerning all or any of the following:
 (a) the money, or the value of the property other than money, that came into the possession or under the control of:
 (i) the defendant; or
 (ii) another person at the request or direction of the defendant;
  by reason of the commission of the offence or any of the offences;
 (b) the value of any other benefit provided to:
 (i) the defendant; or
 (ii) another person at the request or direction of the defendant;
  by reason of the commission of the offence or any of the offences;
 (c) if the offence or any of the offences consisted of the doing of an act or thing in relation to a narcotic substance:
 (i) the market value, at the time of the offence, of similar or substantially similar narcotic substances; and
 (ii) the amount that was, or the range of amounts that were, ordinarily paid for the doing of a similar or substantially similar act or thing;
 (d) the value of the defendant's property:
 (i) where the application relates to a single offence—before, during and after the commission of the offence; or
 (ii) where the application relates to 2 or more offences—before, during and after the offence period;
 (e) the defendant's income and expenditure:
 (i) where the application relates to a single offence—before, during and after the commission of the offence; or
 (ii) where the application relates to 2 or more offences—before, during and after the offence period.
 (3) The court, in