Pecuniary Penalty Orders under the Victorian Confiscation Act

If a person is seen to have obtained a financial benefit from criminal activity, an application can be made that that person should pay a financial penalty to offset that benefit received. Such orders to pay this money are known as Pecuniary Penalty Orders and can have a detrimental and unexpected effect on many people accused of wrongdoing. If you think a Pecuniary Penalty Order may be applied for in your case, you should ensure that you consult a lawyer straight away to minimise any avoidable confiscation outcomes.

What are Pecuniary Penalty Orders?

Pecuniary Penalty Orders are orders intended to deprive people of any benefit obtained through offences contained in Schedule 1 and 2 of the Victorian Confiscation Act. They take the form of a financial penalty and, because of the way that they are assessed with respect to the calculation of the "benefit" obtained through offending, often involve a penalty that well exceeds any financial gain.