121Determining penalty amounts

#### 121 Determining penalty amounts (1) The amount that a person is ordered to pay to the Commonwealth under a \*pecuniary penalty order (the penalty amount) is the amount the court determines under this Division. (2) If the offence to which the order relates is not a \*serious offence, the \*penalty amount is determined by: (a) assessing under Subdivision B the value of the \*benefits the person derived from the commission of the offence; and (b) subtracting from that value the sum of all the reductions (if any) in the penalty amount under Subdivision C. (3) If the offence to which the order relates is a \*serious offence, the \*penalty amount is determined by: (a) assessing under Subdivision B the value of the \*benefits the person derived from: (i) the commission of that offence; and (ii) subject to subsection (4), the commission of any other offence that constitutes \*unlawful activity; and (b) subtracting from that value the sum of all the reductions (if any) in the penalty amount under Subdivision C. > Note: Pecuniary penalty orders can be varied under Subdivision D to increase penalty amounts in some cases. (4) Subparagraph (3)(a)(ii) does not apply in relation to an offence that is not a \*terrorism offence unless the offence was committed: (a) within: (i) if some or all of the person’s property, or property suspected of being subject to the \*effective control of the person, is covered by a \*restraining order—the period of 6 years preceding the application for the restraining order; or (ii) otherwise—the period of 6 years preceding the application for the \*pecuniary penalty order; or (b) during the period since that application for the restraining order or the pecuniary penalty order was made