Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 320

Effect of the confiscation scheme on sentencing

    A court passing sentence on a person in respect of the person's conviction of an * indictable offence:

  (a)   may have regard to any cooperation by the person in resolving any action taken against the person under this Act; and

  (b)   must not have regard to any * forfeiture order that relates to the offence, to the extent that the order forfeits * proceeds of the offence; and

  (c)   must have regard to the forfeiture order to the extent that the order forfeits any other property; and

  (d)   must not have regard to any * pecuniary penalty order, or any * literary proceeds order, that relates to the offence.



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