Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A court that convicts a person, or finds a person guilty, of an offence against this Act may, on the application of the prosecutor or a competent authority, make an order (a commercial benefits penalty order ) under this section.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(2) The court may make a commercial benefits penalty order requiring the person to pay, as a fine, an amount not more than 3 times the amount estimated by the court to be the gross commercial benefit that—
(a) was received or receivable, by the person or an associate of the person, from the commission of the offence; or
(b) for a journey that was interrupted or not begun because of action taken by an authorised person in relation to the commission of the offence—would have been received or receivable, by the person or an associate of the person, from the commission of the offence had the journey been completed.
Note The court's estimate of gross commercial benefit is dealt with in s 130.
(3) However, the court must not make a commercial benefits penalty order for an amount that is more than the maximum amount if the offence in relation to which the order is made is a strict liability offence.
(4) Nothing in this section prevents the court from ordering payment of an amount that is—
(a) less than 3 times the estimated gross commercial benefit; or
(b) less than the estimated gross commercial benefit.
(5) In this section:
"maximum amount" means the amount that, if it were the amount of a penalty for an offence expressed as a number of penalty units, is 50 penalty units.