69AVariation of pecuniary penalty order after subsequent forfeiture

69A Variation of pecuniary penalty order after subsequent forfeiture (a) a court made a pecuniary penalty order under this Part in relation to an offence; and (b) in assessing the value of the benefits derived, the court included or treated as benefits any property that is later forfeited to the Minister under this Act in relation to the same offence— the DPP or the accused may apply to the court which made the pecuniary penalty order for a variation of that order, taking into account the later forfeiture. (2) An applicant under subsection (1) must give written notice of the application to the DPP or the accused, as the case may be. (3) On an application under subsection (1), the court must exclude the forfeited property from the assessment of benefits and vary the pecuniary penalty order accordingly.