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PROCEEDS OF CRIME ACT 2002 - SECT 149A

Court may vary pecuniary penalty order

  (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.



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