Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 149A

             (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.