s. 69 (iii) a forfeiture order, an interstate forfeiture order, a pecuniary penalty order or an interstate pecuniary penalty order under the Crimes (Confiscation of Profits) Act 1986 already applies to the property; or (b) in the case of expenditure— (i) the funds which were expended were lawfully acquired and were not derived or realised, directly or indirectly, by any person from any unlawful activity; or (ii) the expenditure was made to satisfy a pecuniary penalty order or an interstate pecuniary penalty order under this Act or the Crimes (Confiscation of Profits) Act 1986. Note to s. 68 Note inserted by is defined as including any interest in property: see No. 42/2007 Property s. 18(Sch. section 3(1). item 20). S. 69 69 Variation of pecuniary penalty order after (Heading) successful appeal against restitution or inserted by No. 68/2010 compensation order s. 21. (1) If— S. 69(1) amended by No. 68/2009 (a) a court made a pecuniary penalty order under s. 97(Sch. this Part in relation to an offence; and item 23.55). S. 69(1)(b) (b) in assessing the value of the benefits derived, amended by the court took into account the making of a No. 68/2009 restitution or compensation order under the s. 97(Sch. item 23.55). Sentencing Act 1991 against the accused in relation to the offence; and
(iii) a forfeiture order, an interstate forfeiture order, a pecuniary penalty order or an interstate pecuniary penalty order under the Crimes (Confiscation of Profits) Act 1986 already applies to the property; or (b) in the case of expenditure— (i) the funds which were expended were lawfully acquired and were not derived or realised, directly or indirectly, by any person from any unlawful activity; or (ii) the expenditure was made to satisfy a pecuniary penalty order or an interstate pecuniary penalty order under this Act or the Crimes (Confiscation of Profits) Act 1986. Note to s. 68 inserted by No. 42/2007 s. 18(Sch. item 20). Note Property is defined as including any interest in property: see section 3(1). S. 69 (Heading) inserted by No. 68/2010 s. 21. 69 Variation of pecuniary penalty order after successful appeal against restitution or compensation order s. 69 S. 69(1) amended by No. 68/2009 s. 97(Sch. item 23.55). (1) If— (a) a court made a pecuniary penalty order under this Part in relation to an offence; and S. 69(1)(b) amended by No. 68/2009 s. 97(Sch. item 23.55). (b) in assessing the value of the benefits derived, the court took into account the making of a restitution or compensation order under the Sentencing Act 1991 against the accused in relation to the offence; and
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