CTHIn ForceAct
Proceeds of Crime Act 2002
149ACourt may vary pecuniary penalty order
Start here
Get a plain-English read of 149A
Turn the raw legal text into a practical explanation grounded in Proceeds of Crime Act 2002.
#### 149A Court may vary pecuniary penalty order
(1) The court may vary the \*pecuniary penalty order by reducing the \*penalty amount by an amount worked out under subsection (2) if the court is satisfied that:
(a) the order relates to more than one offence; and
(b) when the \*responsible authority applied for the order, the court could have made the order in relation to at least one of the offences that has not been \*quashed.
(2) The amount is an amount equal to so much of the \*penalty amount as the court reasonably believes to be attributable to a person’s conviction of an offence:
(a) to which the \*pecuniary penalty order relates; and
(b) that was \*quashed.
(3) In determining the amount by which the \*penalty amount should be reduced under subsection (2), the court may have regard to:
(a) the transcripts and evidence referred to in subsection 148(2); and
(b) the transcript of, and the evidence given in, any proceedings relating to the application for the \*pecuniary penalty order or any application to vary the order; and
(c) any other matter that the court considers relevant.