Proceeds of Crime Act 2002



Division 4 - Enforcement of pecuniary penalty orders  

SECTION 140   Enforcement of pecuniary penalty orders  

An amount payable by a person to the Commonwealth under a * pecuniary penalty order is a civil debt due by the person to the Commonwealth.

A * pecuniary penalty order against a person may be enforced as if it were an order made in civil proceedings instituted by the Commonwealth against the person to recover a debt due by the person to the Commonwealth.

However, if the order was made under subsection 117(2) when sentence was being passed on the person for the offence to which the order relates, the order cannot be enforced against the person within the period of 6 months after the order was made.

The debt arising from the order is taken to be a judgment debt.

If a * pecuniary penalty order is made against a person after the person ' s death, this section has effect as if the person had died on the day after the order was made.


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