135Additional application for a pecuniary penalty order

135 Additional application for a pecuniary penalty order

(1) A *proceeds of crime authority cannot, unless the court gives leave, apply for a *pecuniary penalty order against a person in respect of *benefits the person derived from the commission of an offence if: (a) an application has previously been made: (i) under this Division; or (ii) under another law of the Commonwealth; or (iii) under a law of a *non‑governing Territory; for a pecuniary penalty in respect of those benefits the person derived from the commission of the offence; and (b) the application has been finally determined on the merits. (2) The court must not give leave unless it is satisfied that: (a) the *benefit to which the new application relates was identified only after the first application was determined; or (b) necessary evidence became available only after the first application was determined; or (c) it is in the interests of justice to give the leave. (3) An application for a *literary proceeds order is not, for the purposes of this section, an application for a pecuniary penalty.