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CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 23

Superannuation orders: revocation

             (1)  A superannuation order made in relation to a person is to be taken to have been revoked if:

                     (a)  the person's conviction is quashed; or

                     (b)  the person's sentence is so reduced or otherwise changed that it would no longer support the making of an application for a superannuation order under subsection 17(1A); or

                     (c)  where the person is taken to be convicted because of paragraph 6(1)(b)--the person is brought before a court in respect of the offence concerned and, having been convicted of that offence, does not receive a sentence that would support the making of an application for a superannuation order under subsection 17(1A).

             (2)  Where a superannuation order is taken to have been revoked, the DPP must give written notice of the fact to:

                     (a)  the person in respect of whom the order was made; and

                     (b)  the person's superannuation authority.

             (3)  Where:

                     (a)  a superannuation order is made in relation to a person who is taken to be convicted because of paragraph 6(1)(b); and

                     (b)  the superannuation order is to be taken to have been revoked;

there is payable to the person an amount determined by the Minister for Finance, being an amount that the Minister considers to be a fair recompense to the person, having regard to:

                     (c)  any amount paid to the person under subsection 21(4) or (5); and

                     (d)  any amount recovered from the person under a recovery order against the person; and

                     (e)  any other financial loss sustained by the person as a result of the superannuation order; and

                      (f)  any other matters that the Minister thinks are relevant in the circumstances of the case.


 

   



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