Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) In this Act:
"artistic profits", derived by an offender from the commission of an offence, means property, or any service or other advantage, derived from the commercial exploitation of—
(a) the notoriety of the offender, or someone else involved in the commission of the offence ( another involved person ), that results from the offence; or
(b) the depiction of the offence or the circumstances surrounding the offence; or
(c) an expression of the thoughts, opinions or emotions of the offender, or another involved person, about the offence.
(2) The commercial exploitation may be by any means, including, for example, in—
(a) a visual recording (for example, a film, slide, videotape, videodisc or anything else from which a visual image can be produced); or
(b) a sound recording (for example, a compact disc, tape, record or anything else from which words or sounds can produced); or
(c) printed material (for example, a book, newspaper, magazine or any other written or pictorial matter); or
(d) a radio or television production; or
(e) live entertainment of any kind (for example, a public presentation or speech).
(3) A relevant court must allow artistic profits as benefits for section 80 (b) (Meaning of benefits derived by an offender), unless it is satisfied that it would not be in the public interest to do so.
(4) In deciding whether it would not be in the public interest to allow artistic profits as benefits, the court must have regard to the following matters:
(a) the purposes of this Act;
(b) whether the commercial exploitation has any general social or educational value;
(c) the nature and purposes of the commercial exploitation, including its use for research, educational or rehabilitation purposes;
(d) the seriousness of the offence;
(e) how long ago the offence was committed.
(5) Subsection (4) does not limit the matters to which the court may have regard.
Note For general provisions about a proceeding for a penalty order (which is a confiscation proceeding—see s 236), see pt 14.