51Orders regarding monetary benefits

#### 51 Orders regarding monetary benefits 51 Orders regarding monetary benefits > > (1) The court may order the offender to pay, as part of the penalty for committing the offence, an additional penalty of an amount the court is satisfied, on the balance of probabilities, represents 3 times the amount of any monetary benefits that— > > > > > (a) was received or receivable, by the person or by an associate of the person, from the commission of the offence, and > > > > > (b) in the case of a journey that was interrupted or not commenced because of action taken by an authorised officer in connection with the commission of the offence—would have been received or receivable, by the person or by an associate of the person, from the commission of the offence had the journey been completed. > > > (2) The amount of an additional penalty for an offence is not subject to any maximum amount of penalty provided elsewhere by or under this Act. > > > (3) For the purposes of this section, a person is an associate of another if— > > > > > (a) one is a spouse, parent, brother, sister or child of the other, or > > > > > (b) they are members of the same household, or > > > > > (c) they are partners, or > > > > > (d) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust, or > > > > > (e) one is a body corporate and the other is a director or member of the governing body of the body corporate, or > > > > > (f) one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate, or > > > > > (g) they are related bodies corporate within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > (h) a chain of relationships can be traced between them under any one or more of the above paragraphs. > > > (4) In this section— > > > > beneficiary, in relation to a trust, includes an object of a discretionary trust. > > > > monetary benefits means monetary, financial or economic benefits. > > > > the court does not include the Local Court. > > **s 51:** Am 2009 No 106, Sch 4.13 \[1\].