Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 158

Determining literary proceeds amounts

  (1)   The amount that a person is ordered to pay to the Commonwealth under a * literary proceeds order (the literary proceeds amount ) is the amount that the court thinks appropriate.

  (2)   However, the amount:

  (a)   must not exceed the amount of the * literary proceeds relating to the offence to which the order relates, less any deductions arising under section   159; and

  (b)   may be further reduced under section   160.

  (3)   In determining the * literary proceeds amount, the court is to have regard to such matters as it thinks fit, including any of the following:

  (a)   the amount of the * literary proceeds relating to the offence;

  (b)   if the person stood trial for the offence--the evidence adduced in the proceedings for the offence;

  (c)   if the person was convicted of the offence--the transcript of the sentencing proceedings.



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