Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf, because of paragraph 331(1)(d), a person is taken to have been convicted of an * indictable offence, a court must not make a * pecuniary penalty order in relation to the person's conviction unless:
(a) the court is satisfied, on the balance of probabilities, that the person has * absconded; and
(b) either:
(i) the person has been committed for trial for the offence; or
(ii) the court is satisfied, having regard to all the evidence before the court, that a reasonable jury, properly instructed, could lawfully find the person guilty of the offence.