QLDIn ForceAct
Criminal Proceeds Confiscation Act 2002
sec.186Pecuniary penalty order increase if forfeiture order discharged
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### sec.186 Pecuniary penalty order increase if forfeiture order discharged
This section applies if—
a court makes a pecuniary penalty order; and
in deciding the amount payable under the pecuniary penalty order, the court takes into account the value of property forfeited under a forfeiture order or under a serious drug offender confiscation order; and
after the pecuniary penalty order is made—
the forfeiture ends because of an appeal; or
an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.
The State may apply to the court that made the pecuniary penalty order for a variation of the order to increase the amount payable under the order.
If the court considers an increase appropriate, it may vary the amount payable under the pecuniary penalty order.
s 186 amd 2009 No. 2 s 52 ; 2013 No. 21 s 48
(sec.186-ssec.1) This section applies if— a court makes a pecuniary penalty order; and in deciding the amount payable under the pecuniary penalty order, the court takes into account the value of property forfeited under a forfeiture order or under a serious drug offender confiscation order; and after the pecuniary penalty order is made— the forfeiture ends because of an appeal; or an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.
(sec.186-ssec.2) The State may apply to the court that made the pecuniary penalty order for a variation of the order to increase the amount payable under the order.
(sec.186-ssec.3) If the court considers an increase appropriate, it may vary the amount payable under the pecuniary penalty order.
- (a) a court makes a pecuniary penalty order; and
- (b) in deciding the amount payable under the pecuniary penalty order, the court takes into account the value of property forfeited under a forfeiture order or under a serious drug offender confiscation order; and
- (c) after the pecuniary penalty order is made— (i) the forfeiture ends because of an appeal; or (ii) an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.
- (i) the forfeiture ends because of an appeal; or
- (ii) an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.
- (i) the forfeiture ends because of an appeal; or
- (ii) an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.