Section 16Part 2 — The Financial Reporting Authority
Recoverable amou nt
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The recoverable amount for the purposes of section 15 is an amount equal to the defendant ’ s benefit from the conduct concerned.
Notwithstanding subsection (1) —
where the defendant shows that the available amoun t is less than the benefit referred to in subsection (1) the recoverable amount is the available amount or a nominal amount, if the available amount is nil; or
where the court or summary court makes an order notwithstanding that any victim of the condu ct has started or intends to start proceedings against the defendant in respect of loss, injury or damage sustained in connection with the conduct the recoverable amount is such amount as the court believes is just, but does not exceed the amount found und er subsection (1) or paragraph (a), as the case may be.
In calculating the defendant ’ s benefit from the conduct concerned for the purposes of subsection (1), any property in respect of which —
a recovery order is in force under section 96 ;
a forfeiture order is in force under section 118 , shall not be taken into account.
Where the court or summary court decides the available amount, it shall include in the confiscation order a statement of the matters it took into account in deciding the available amount.