116Making pecuniary penalty orders

#### 116 Making pecuniary penalty orders (1) A court with \*proceeds jurisdiction must make an order requiring a person to pay an amount to the Commonwealth if: (a) a \*proceeds of crime authority applies for the order; and (b) the court is satisfied of either or both of the following: (i) the person has been convicted of an \*indictable offence, and has derived \*benefits from the commission of the offence; (ii) the person has committed a \*serious offence. > Note: The conviction for, or reasonable grounds for suspecting commission of, an indictable offence could be used as grounds for a restraining order under Part 2‑1 covering all or some of the person’s property. (3) In determining whether a person has derived a \*benefit, the court may treat as property of the person any property that, in the court’s opinion, is subject to the person’s \*effective control. (4) The court’s power to make a \*pecuniary penalty order in relation to an offence is not affected by the existence of another \*confiscation order in relation to that offence. > Note: There are restrictions on applications pecuniary penalty orders if previous applications for pecuniary penalty orders have already been made: see section 135.