s. 63 (1A) Property forfeited to the Minister under this Act must not be taken into account in determining whether a pecuniary penalty order is discharged. (2) If a pecuniary penalty order is registered under the S. 62(2) amended by Service and Execution of Process Act 1992 of the No. 43/1998 Commonwealth, notice of the discharge of that s. 39(c). order must be given as prescribed by the rules of the Supreme Court. Division 2—Pecuniary penalty order based on finding of Pt 8 Div. 2 (Heading) guilt on civil standard substituted by No. 87/2004 s. 19(e). 63 Application for pecuniary penalty order (1) If an accused has been charged with a Schedule 2 S. 63(1) amended by offence, the DPP or a prescribed person, or a Nos 87/2004 person belonging to a prescribed class of persons, s. 19(f), 68/2009 may apply to the Supreme Court for a pecuniary s. 97(Sch. penalty order. item 23.47). (2) For the purposes of this Division, it does not S. 63(2) amended by matter that the charge has been withdrawn or No. 87/2004 finally determined. s. 19(g). (3) If a restraining order is in force under Part 2, the application under subsection (1) may only be made within the period of 7 days after the making of the restraining order, except with the leave of the Supreme Court. (3A) If a charge has been withdrawn or finally S. 63(3A) inserted by determined, the application under subsection (1) No. 43/1998 may only be made within the period of 6 months s. 22(1). after the day on which the charge was withdrawn or finally determined, except with the leave of the Supreme Court. (4) The Supreme Court must not grant leave under S. 63(4) amended by subsection (3) or (3A) unless it is satisfied that— No. 43/1998 s. 22(2)(a).
(1A) Property forfeited to the Minister under this Act must not be taken into account in determining whether a pecuniary penalty order is discharged. S. 62(2) amended by No. 43/1998 s. 39(c). (2) If a pecuniary penalty order is registered under the Service and Execution of Process Act 1992 of the Commonwealth, notice of the discharge of that order must be given as prescribed by the rules of the Supreme Court. Pt 8 Div. 2 (Heading) substituted by No. 87/2004 s. 19(e). Division 2—Pecuniary penalty order based on finding of guilt on civil standard 63 Application for pecuniary penalty order S. 63(1) amended by Nos 87/2004 s. 19(f), 68/2009 s. 97(Sch. item 23.47). s. 63 (1) If an accused has been charged with a Schedule 2 offence, the DPP or a prescribed person, or a person belonging to a prescribed class of persons, may apply to the Supreme Court for a pecuniary penalty order. S. 63(2) amended by No. 87/2004 s. 19(g). (2) For the purposes of this Division, it does not matter that the charge has been withdrawn or finally determined. (3) If a restraining order is in force under Part 2, the application under subsection (1) may only be made within the period of 7 days after the making of the restraining order, except with the leave of the Supreme Court. S. 63(3A) inserted by No. 43/1998 s. 22(1). (3A) If a charge has been withdrawn or finally determined, the application under subsection (1) may only be made within the period of 6 months after the day on which the charge was withdrawn or finally determined, except with the leave of the Supreme Court. S. 63(4) amended by No. 43/1998 s. 22(2)(a). (4) The Supreme Court must not grant leave under subsection (3) or (3A) unless it is satisfied that—
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