Proceeds of Crime Act 2002
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
for a pecuniary penalty in respect of those benefits the person derived from the commission of the offence; and
(iii) under a law of a * non-governing Territory;
(b) the application has been finally determined on the merits.
View history note
Hide history note135(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.
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