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CRIMES (SUPERANNUATION BENEFITS) ACT 1989 - SECT 23 Superannuation orders: revocation

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  (1)   A superannuation order made in relation to a person is to be taken to have been revoked if: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  (2)   Where a superannuation order is taken to have been revoked, the DPP must give written notice of the fact to: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  (b)   the superannuation order is to be taken to have been revoked;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 Finance Minister , 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.