New South Wales Consolidated Acts

TRAVEL AGENTS ACT 1986 - SECT 38

38 Orders etc that may be made on conviction

(1) In this section, a reference to the conviction of a person includes a reference to the making of an order in respect of a person under section 10 of the Crimes (Sentencing Procedure) Act 1999 .

(2) Where the court before which a person is convicted of an offence against this Act is the Supreme Court, the Court may, in addition to any penalty it may impose, make any order, finding or determination relating to anything done or omitted to be done by the person convicted including an order for payment of compensation by the person convicted.

(3) Where the court before which a person is convicted of an offence against section 6 (1) is the Supreme Court, the Court may, in addition to any penalty it may impose, order the person to pay to the Crown an amount assessed by the Court as not exceeding the proceeds derived by the person from the commission of the offence.

(4) Before making an order under subsection (2) or (3), the Supreme Court may require notice to be given to, and may hear, such persons as the Court thinks fit.

(5) For the purpose of making an order against a person under subsection (3), the Supreme Court may:

(a) take into account such matters as the Court thinks fit,

(b) to the extent specified by the Court-treat any interest in real or personal property acquired by the person by means of proceeds derived from the commission of the offence as proceeds derived by the person from commission of the offence, and

(c) treat the equivalent, in money terms, of any interest in real or personal property derived by the person from commission of the offence as proceeds derived by the person from commission of the offence.

(6) Subject to subsection (7), where a body corporate is ordered under subsection (2) or (3) to make a payment, the persons who, at the time of the commission of the offence giving rise to the order for payment, were directors of the body corporate are jointly liable with the body corporate, and they and the body corporate are each severally liable, to make the payment ordered and are so liable as if the order had been to that effect.

(7) Where it is proved that an offence by a body corporate giving rise to an order for payment made under subsection (2) or (3) was committed without the knowledge or consent of a director of the body corporate, the director is not liable as provided by subsection (6).

(8) Without affecting any other right of appeal, an order for payment made under subsection (2) or (3) is appellable as if it were, or were part of, a penalty imposed in respect of the offence giving rise to the order.

(9) On appeal against a conviction referred to in subsection (2) or (3), an order made under the subsection may be confirmed, varied or revoked.

(10) An order for payment made under subsection (2) or (3) may be enforced as if it were a judgment in a civil matter given by the court.

(11) The Crown shall pay to the compensation scheme trustees for the purposes of the compensation scheme an amount equivalent to any amount paid to the Crown pursuant to an order under subsection (3).