Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 188

188 Procedure if application relating to 1 confiscation offence

(1) This section applies if—

(a) an application for a pecuniary penalty order relates to 1 confiscation offence; and

(b) at the hearing of the application, evidence is given that the value of the person’s property after the commission of the confiscation offence was more than the value of the property before the commission of the offence.

(2) The court must treat the difference as the benefits derived by the person from the commission of the offence, other than to the extent the court is satisfied the reason for the difference was not related to the commission of the offence.