New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 46A

46A Director may make provisional order for restitution by other person

(1) If the Director is of the opinion that a person against whom a provisional order for restitution has been made under section 46 has disposed of property as part of a scheme for the purpose of avoiding a liability (whether actual or potential) under this Division, the Director may make a provisional order for restitution against any person:

(a) who was a party to the scheme, and

(b) who obtained property under the scheme without giving sufficient consideration.

(2) A provisional order may be made against a person under this section whether or not the person has retained the property concerned.

(3) The Director must cause notice of the provisional order to be served on the person against whom it is made in accordance with the rules.

(4) The notice of the provisional order must:

(a) set out the terms of the order, and

(b) specify the person against whom the restitution order under section 46 has been made and the transaction that formed part of the scheme to avoid the liability under this Division, and

(c) state that the person on whom the notice is served has 28 days in which to object to the order by a notice filed in the office of the Director, and

(d) state that if the person does not object the order will be confirmed by the Tribunal and become a judgment debt payable by the person, and

(e) state that if the person files a notice of objection the Tribunal will conduct a hearing into whether the order should be confirmed, and

(f) contain such other particulars as the rules may require.

(5) A provisional order may not be made under this section if 2 years or more have elapsed since the provisional order on which it is based was made under section 46.

(6) A provisional order for restitution may not be made under this section (and any such order that has been made ceases to be in force) if the order under section 46 on which it is based is not confirmed or any consequent restitution order is set aside or ceases to be in force.

(7) The total amount that may be recovered under an order under this section and under the order under section 46 on which it is based is not to exceed the amount payable under the order under section 46.