147AMonetary benefit order

147A Monetary benefit order

(1) If a court is satisfied that a person has committed an offence against a provision of this Act, or breached an enforceable undertaking, the court may make an order under subsection (3).

(2) The court may make an order under subsection (3) on the application of the Head, Recycling Victoria.

(3) The court may order the person to pay an amount not exceeding the amount that the court is satisfied represents the amount of any monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the person's commission of the offence or breach of the enforceable undertaking.

(4) In determining the amount that the person must pay under an order under subsection (3), the court may take into account—

(a) the person's financial circumstances; and

(b) any amount submitted to the court by the Head, Recycling Victoria.

(5) The Head, Recycling Victoria may submit to the court the amount that the Head, Recycling Victoria considers to be a reasonable estimate of the amount of monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence in relation to which an order under subsection (3) is sought, or breach of the enforceable undertaking, as determined in accordance with—

(a) a prescribed guideline, method or protocol; or

(b) any other method the Head, Recycling Victoria considers appropriate.

(6) For the purposes of subsection (3), the court may assume that an amount represents the amount of any monetary benefit acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence or breach of the enforceable undertaking if—

(a) the Head, Recycling Victoria submits that amount to the court under subsection (5); and

S. 147A(6)(b) amended by No. 35/2023 s. 30(6).

(b) the Head, Recycling Victoria determined that amount in accordance with a prescribed guideline, method or protocol.

(7) Nothing in this section affects the operation of Part 8 of the Confiscation Act 1997.

(8) Any amount received as the payment of an order under subsection (3) must be paid into the Consolidated Fund.

S. 147B inserted by No. 36/2022 s. 17.