Commonwealth Consolidated Acts

PROCEEDS OF CRIME ACT 2002 - SECT 124

  (1)   If:

  (a)   an application is made for a * pecuniary penalty order against a person in relation to an offence or offences (the illegal activity ); and

  (b)   the offence is a * serious offence, or one or more of the offences are serious offences; and

  (c)   at the hearing of the application, evidence is given that the value of the * person's property during or after:

  (i)   the illegal activity; or

  (ii)   any other * unlawful activity that the person has engaged in that constitutes a * terrorism offence; or

  (iii)   any other unlawful activity that the person has engaged in, within the period referred to in subsection   (5), that does not constitute a terrorism offence;

    exceeded the value of the person's property before the illegal activity and the other unlawful activity;

the court is to treat the value of the * benefits derived by the person from the commission of the illegal activity as being not less than the amount of the greatest excess.

  (2)   The amount treated as the value of the * benefits under subsection   (1) is reduced to the extent (if any) that the court is satisfied that the excess was due to causes unrelated to:

  (a)   the illegal activity; or

  (b)   any other * unlawful activity that the person has engaged in that constitutes a * terrorism offence; or

  (c)   any other unlawful activity that the person has engaged in, within the period referred to in subsection   (5), that does not constitute a terrorism offence;

  (3)   If evidence is given, at the hearing of the application, of the person's expenditure during the period referred to in subsection   (5), the amount of the expenditure is presumed, unless the contrary is proved, to be the value of a * benefit that, because of the illegal activity, was provided to the person.

  (4)   Subsection   (3) does not apply to expenditure to the extent that it resulted in acquisition of property that is taken into account under subsection   (1).

  (5)   The period for the purposes of subparagraph   (1)(c)(iii), paragraph   (2)(c) and subsection   (3) is:

  (a)   if some or all of the person's property, or property that is suspected of being subject to the * effective control of the person, is covered by a * restraining order--the period of 6 years preceding the application for the restraining order;

  (b)   otherwise--the period of 6 years preceding the application for the * pecuniary penalty order;

and includes the period since that application for the restraining order or the pecuniary penalty order was made.