sec.43Appropriation of penalties

### sec.43 Appropriation of penalties The following rules apply to an amount recovered because of the imposition of a penalty or the making of a forfeiture order— any part of the amount that is ordered under subsection (2) to be paid to the party prosecuting must first be paid to the party; the remaining part of the amount must then be paid to the consolidated fund. The court that imposes the penalty, or makes the forfeiture order, may order that not more than half of the amount recovered be paid to the party prosecuting. Subsection (2) does not apply if the party prosecuting is prosecuting as an officer or employee of the State or an officer of the public service. s 43 sub 1993 No. 32 s 3 sch 1 hdg prec s 44 om 1991 No. 97 s 3 sch 1 (sec.43-ssec.1) The following rules apply to an amount recovered because of the imposition of a penalty or the making of a forfeiture order— any part of the amount that is ordered under subsection (2) to be paid to the party prosecuting must first be paid to the party; the remaining part of the amount must then be paid to the consolidated fund. (sec.43-ssec.2) The court that imposes the penalty, or makes the forfeiture order, may order that not more than half of the amount recovered be paid to the party prosecuting. (sec.43-ssec.3) Subsection (2) does not apply if the party prosecuting is prosecuting as an officer or employee of the State or an officer of the public service. - (a) any part of the amount that is ordered under subsection (2) to be paid to the party prosecuting must first be paid to the party; - (b) the remaining part of the amount must then be paid to the consolidated fund.