Document ID: chunk:federal_register_of_legislation:C2025C00155:section:243c:p1
Version: federal_register_of_legislation:C2025C00155
Segment Type: section
Provision Reference: s 243C (pt 1/3)
Character Range: 1584635–1587275

243C  Assessment of pecuniary penalty
 (1) In this section, a reference to the defendant in relation to a proceeding under section 243B shall be read as a reference to a person against whom an order is sought in that proceeding.
 (2) In a proceeding under section 243B, the value of the benefits derived by the defendant by reason of his or her having engaged in a particular prescribed narcotics dealing, or in prescribed narcotics dealings during a particular period shall be assessed by the Court having regard to the evidence before the Court concerning all or any of the following matters:
 (a) the moneys, or the value of the property other than moneys, that came into the possession or under the control of:
 (i) the defendant; or
 (ii) another person at the request or by the direction of the defendant;
  by reason of the defendant's having engaged in that dealing or in prescribed narcotics dealings during that period;
 (b) the value of any benefit, other than a benefit of the kind referred to in paragraph (a) that was provided for:
 (i) the defendant; or
 (ii) another person at the request or by the direction of the defendant;
  by reason of the defendant's having engaged in that dealing or in prescribed narcotics dealings during that period;
 (c) in the case of a prescribed narcotics dealing that consisted of selling or otherwise dealing in narcotic goods—the market value, at the time of the dealing, of similar or substantially similar narcotic goods;
 (d) in the case of a prescribed narcotics dealing that consisted of the doing of any act or thing other than selling or otherwise dealing in narcotic goods—the amount that was, or the range of amounts that were, at the time the dealing occurred, ordinarily paid for the doing of a similar or substantially similar act or thing;
 (e) the value of the defendant's property before, during and after he or she engaged in that dealing, or before, during and after that period, as the case may be;
 (f) the defendant's income and expenditure before, during and after he or she engaged in that dealing, or before, during and after that period, as the case may be.
 (3) Where evidence is given in a proceeding under section 243B that the value of the defendant's property during or after the defendant engaged in a particular prescribed narcotics dealing, or during, or after the end of, a particular period during which he or she engaged in prescribed narcotics dealings, exceeded the value of the defendant's property before he or she engaged in that dealing, or before the commencement of that period, then, for the purposes of subsection (2) of that section, the Court