South Australian Current Acts South Australian Current Acts95—Making pecuniary penalty orders
(1) A court must, on
application by the DPP, make an order (a "pecuniary penalty order") requiring
a specified person to pay to the Crown an amount determined under
Subdivision 2 if satisfied that—
(a) the
person has been convicted of, or has committed, a serious offence; and
(b) the
person derived benefits from the commission of the offence.
(2) A court may, on
application by the DPP, make an order (a "pecuniary penalty order") requiring
a specified person to pay to the Crown an amount determined under
Subdivision 2 if satisfied that—
(a) the
person has been convicted of, or has committed, a serious offence; and
(b) the
person's property includes an instrument of the offence.
(3) In considering
whether it is appropriate to make a pecuniary penalty order under
subsection (2), the court may have regard to—
(a) any
hardship that may reasonably be expected to be caused to any person (other
than the person against whom the order is sought) by the operation of the
order; and
(b) the
use that is ordinarily made, or was intended to be made, of the property; and
(c) the
gravity of the offence or offences concerned; and
(d) any
other matter the court thinks fit.
(4) A court is not
prevented from making a pecuniary penalty order in relation to a
serious offence merely because of the existence of another confiscation order
in relation to the offence.
(5) An application for
a pecuniary penalty order must be made—
(a)
before the end of the period of 9 months commencing on the conviction day; or
(b) if,
at the end of the period of 9 months commencing on the conviction day, an
extended period applies in accordance with section 75—before the
end of the period of 3 months commencing on the day the extended period
ends.
(6) An application for
a pecuniary penalty order may be made in relation to one or more
serious offences.
(7) An application may
be made for a pecuniary penalty order in relation to benefits derived from the
commission of a serious offence even if—
(a) a
forfeiture order in relation to the offence, or an application for such a
forfeiture order, has been made; or
(b) Part
4 Division 2 applies to the offence.
(8) A person who would
be subject to a pecuniary penalty order if it were made may appear and adduce
evidence at the hearing of the application.