Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-5 - LITERARY PROCEEDS ORDERS  

Division 2 - Literary proceeds amounts  

SECTION 158   Determining literary proceeds amounts  

158(1)    
The amount that a person is ordered to pay to the Commonwealth under a * literary proceeds order (the literary proceeds amount ) is the amount that the court thinks appropriate.

158(2)    
However, the amount:

(a) must not exceed the amount of the * literary proceeds relating to the offence to which the order relates, less any deductions arising under section 159 ; and

(b) may be further reduced under section 160 .

158(3)    
In determining the * literary proceeds amount, the court is to have regard to such matters as it thinks fit, including any of the following:

(a) the amount of the * literary proceeds relating to the offence;

(b) if the person stood trial for the offence - the evidence adduced in the proceedings for the offence;

(c) if the person was convicted of the offence - the transcript of the sentencing proceedings.