99—Determining penalty amounts
The amount that a person is ordered to pay under a pecuniary penalty order
(the "penalty amount") is determined by—
(a) in
the case of an application relating to benefits derived from the commission of
a serious offence—
(i)
assessing under this Subdivision the total value of the
benefits the person derived from—
(A) the commission of the serious offence;
and
(B) the commission of any other offence
that constitutes unlawful activity; and
(ii)
subtracting from the total value the sum of the
reductions (if any) in the penalty amount under sections 107 and 108; or
(b) in
the case of an application relating to an instrument of a serious
offence—assessing the value of the instrument (as at the time of
assessment) and subtracting from the value the sum of the reductions (if any)
in the penalty amount under sections 107 and 108.