The * penalty amount under a * pecuniary penalty order against a person is reduced by an amount equal to the value, as at the time of the making of the order, of any property that is * proceeds of the * unlawful activity to which the order relates if:
(a) the property has been forfeited, under this Act or another law of the Commonwealth or under a law of a * non - governing Territory, in relation to the unlawful activity to which the order relates; or
(b) an application has been made for a * forfeiture order that would cover the property.