Queensland Consolidated Acts

CRIMINAL PROCEEDS CONFISCATION ACT 2002 - SECT 186

186 Pecuniary penalty order increase if forfeiture order discharged

(1) This section applies if—

(a) a court makes a pecuniary penalty order; and

(b) in deciding the amount payable under the pecuniary penalty order, the court takes into account the value of property forfeited under a forfeiture order or under a serious drug offender confiscation order; and

(c) after the pecuniary penalty order is made—

(i) the forfeiture ends because of an appeal; or

(ii) an innocent interest exclusion order is made in relation to any property forfeited under the forfeiture order.

(2) The State may apply to the court that made the pecuniary penalty order for a variation of the order to increase the amount payable under the order.

(3) If the court considers an increase appropriate, it may vary the amount payable under the pecuniary penalty order.