Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 178

178 Pecuniary penalty order application

(1) If a person is convicted of a confiscation offence, the State may apply to the Supreme Court or the court before which the person is convicted for an order (
"pecuniary penalty order" ) requiring the person to pay to the State the amount of the benefits derived from the commission of the confiscation offence.

(2) Unless the court gives leave, the application must be made within 6 months after the day the person is treated as if convicted of the offence because of section 106 .

(3) The State may apply to a court for a further pecuniary penalty order for the benefits derived by the person from the commission of a confiscation offence to which an application for an earlier pecuniary penalty order relates (
"first application" ) only with the Supreme Court’s leave.

(4) The Supreme Court may give leave under subsection (3) only if it is satisfied—

(a) the benefit to which the new application relates was identified only after the first application was finally decided; or

(b) necessary evidence became available only after the first application was finally decided; or

(c) it is otherwise in the interests of justice to give the leave.