Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 184

184 Pecuniary penalty orders

(1) On an application for a pecuniary penalty order against a person, the court may or, if the offence is a major drug offence, must—

(a) assess the value of the benefits derived by the person under division 3 ; and

(b) order the person to pay to the State a pecuniary penalty equal to the assessed value of the benefits less the amounts deducted under subsections (2) and (3) .

(2) The value, when the pecuniary penalty order is made, of any of the following property must be deducted—

(a) property for which a forfeiture order is made for the same conviction;

(b) property forfeited under a serious drug offender confiscation order.

(3) The court may also deduct either of the following amounts, if the court considers it appropriate to take the amount into account—

(a) any amount payable for restitution or compensation for the same conviction;

(b) the value of any property forfeited under a forfeiture order under chapter 2 made in relation to a period including the day the offence to which the conviction relates was committed.

(4) The amount payable by the person to the State under the pecuniary penalty order is a debt payable by the person to the State.

(5) The order may be enforced as if it were a money order made by a court in a civil proceeding taken by the State against the person for the recovery of the amount payable under the pecuniary penalty order.