229CDetermining amount to be paid under monetary benefits order

229C Determining amount to be paid under monetary benefits order (1) When determining an amount that the person must pay under an order made under section 229B(2), the court may take into account— (a) the person's financial circumstances; and (b) any amount submitted to the court by the Commission under subsection (2). (2) The Commission, or a person authorised by the Commission, may submit to the court the amount the Commission considers to be a reasonable estimate of the amount of monetary benefits acquired by the person, or accrued or accruing to the person, as a result of the commission of the offence in relation to which the order under section 229B(2) is sought, as determined in accordance with— (a) a prescribed guideline, method or protocol; or (b) any other method the Commission considers appropriate. (3) For the purposes of section 229B(2), the court may assume that an amount represents the amount of any monetary benefits acquired by a person, or accrued or accruing to the person, as a result of the commission of the offence if— (a) the Commission submits that amount to the court under subsection (2); and (b) the Commission determined that amount in accordance with a prescribed guideline, method or protocol. (4) The amount of money that the court may order a person to pay under section 229B(2) is not limited by— (a) any penalty that may be imposed under this Act; or (b) the jurisdictional limit for a civil proceeding specified under section 100(1) of the **Magistrates' Court Act 1989**. (5) Nothing in an order made under section 229B(2) or in this section affects the operation of Part 8 of the **Confiscation Act 1997**. S. 229D inserted by No. 28/2021 s. 26.