s. s. 58 59 either at the request of the applicant or with the approval of the applicant. (8) If an application under subsection (1) or (2) has been finally determined, no further application may be made under that subsection in relation to the same conviction, except with the leave of the Supreme Court or the court which dealt with the earlier application. (9) A court must not grant leave under subsection (8) unless it is satisfied that— (a) the benefit to which the new application relates was derived, realised or identified only after the earlier application was determined; or (b) necessary evidence became available only after the earlier application was determined; or (c) it is otherwise in the interests of justice to do so. 59 Determination of application for pecuniary penalty order (1) On an application under section 58(1) or (2), the S. 59(1) amended by court may— No. 87/2004 s. 19(d). (a) assess the value of the benefits derived by S. 59(1)(a) amended by the accused in relation to the offence; and No. 68/2009 s. 97(Sch. item 23.43). (b) order the accused to pay to the State a S. 59(1)(b) amended by pecuniary penalty equal to the value as so No. 68/2009 assessed less, if the court thinks it desirable s. 97(Sch. item 23.43).
either at the request of the applicant or with the approval of the applicant. (8) If an application under subsection (1) or (2) has been finally determined, no further application may be made under that subsection in relation to the same conviction, except with the leave of the Supreme Court or the court which dealt with the earlier application. s. 58 (9) A court must not grant leave under subsection (8) unless it is satisfied that— (a) the benefit to which the new application relates was derived, realised or identified only after the earlier application was determined; or (b) necessary evidence became available only after the earlier application was determined; or (c) it is otherwise in the interests of justice to do so. 59 Determination of application for pecuniary penalty order S. 59(1) amended by No. 87/2004 s. 19(d). s. 59 (1) On an application under section 58(1) or (2), the court may— S. 59(1)(a) amended by No. 68/2009 s. 97(Sch. item 23.43). (a) assess the value of the benefits derived by the accused in relation to the offence; and S. 59(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.43). (b) order the accused to pay to the State a pecuniary penalty equal to the value as so assessed less, if the court thinks it desirable