Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-4 - PECUNIARY PENALTY ORDERS  

Division 3 - How pecuniary penalty orders are obtained  

SECTION 135   Additional application for a pecuniary penalty order  

135(1)    

A *proceeds of crime authority cannot, unless the court gives leave, apply for a * pecuniary penalty order against a person in respect of * benefits the person derived from the commission of an offence if:

(a) an application has previously been made:

(i) under this Division; or

(ii) under another law of the Commonwealth; or

(iii) under a law of a * non-governing Territory;

for a pecuniary penalty in respect of those benefits the person derived from the commission of the offence; and

(b) the application has been finally determined on the merits.

135(2)    
The court must not give leave unless it is satisfied that:

(a) the * benefit to which the new application relates was identified only after the first application was determined; or

(b) necessary evidence became available only after the first application was determined; or

(c) it is in the interests of justice to give the leave.

135(3)    
An application for a * literary proceeds order is not, for the purposes of this section, an application for a pecuniary penalty.