(a) assess the value of the benefits derived by S. 59(1)(a) the accused in relation to the offence; and amended by 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 s. 97(Sch. assessed less, if the court thinks it desirable item 23.43). to take it into account, any amount paid or payable by way of restitution or compensation in relation to the same conviction— and must do so on an application under section 58(1) if section 68 applies in relation to the Schedule 2 offence. (2) The accused is entitled to appear and to give S. 59(2) amended by evidence at the hearing of an application under No. 68/2009 s. 97(Sch. section 58(1) or (2) but the absence of the accused item 23.43). does not prevent the court from making a pecuniary penalty order. (3) If an application is made under section 58(2) to S. 59(3) amended by the court before which the accused was convicted No. 68/2009 of the offence before that court has passed s. 97(Sch. item 23.43). sentence for the offence, that court may make a pecuniary penalty order at the time of passing sentence and for this purpose the court may, if it thinks it necessary to do so, defer the passing of sentence until it has determined the application for the order. S. 59(4) (4) On an application under section 58(1) or (2) a amended by court may, subject to Part 3.10 of the Evidence No. 69/2009 s. 54(Sch. Pt 1 Act 2008 and any rules of court, take into account item 9.2). in determining the application any material that it thinks fit including—
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 to take it into account, any amount paid or payable by way of restitution or compensation in relation to the same conviction— and must do so on an application under section 58(1) if section 68 applies in relation to the Schedule 2 offence. S. 59(2) amended by No. 68/2009 s. 97(Sch. item 23.43). (2) The accused is entitled to appear and to give evidence at the hearing of an application under section 58(1) or (2) but the absence of the accused does not prevent the court from making a pecuniary penalty order. S. 59(3) amended by No. 68/2009 s. 97(Sch. item 23.43). (3) If an application is made under section 58(2) to the court before which the accused was convicted of the offence before that court has passed sentence for the offence, that court may make a pecuniary penalty order at the time of passing sentence and for this purpose the court may, if it thinks it necessary to do so, defer the passing of sentence until it has determined the application for the order. S. 59(4) amended by No. 69/2009 s. 54(Sch. Pt 1 item 9.2). (4) On an application under section 58(1) or (2) a court may, subject to Part 3.10 of the Evidence Act 2008 and any rules of court, take into account in determining the application any material that it thinks fit including—
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