Document ID: chunk:federal_register_of_legislation:C2025C00034:section:116
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 116
Character Range: 235904–237114

116  Making pecuniary penalty orders
 (1) A court with *proceeds jurisdiction must make an order requiring a person to pay an amount to the Commonwealth if:
 (a) a *proceeds of crime authority applies for the order; and
 (b) the court is satisfied of either or both of the following:
 (i) the person has been convicted of an *indictable offence, and has derived *benefits from the commission of the offence;
 (ii) the person has committed a *serious offence.
Note: The conviction for, or reasonable grounds for suspecting commission of, an indictable offence could be used as grounds for a restraining order under Part 2‑1 covering all or some of the person's property.
 (3) In determining whether a person has derived a *benefit, the court may treat as property of the person any property that, in the court's opinion, is subject to the person's *effective control.
 (4) The court's power to make a *pecuniary penalty order in relation to an offence is not affected by the existence of another *confiscation order in relation to that offence.
Note: There are restrictions on applications pecuniary penalty orders if previous applications for pecuniary penalty orders have already been made: see section 135.