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VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 9 Effect on other rights and remedies

VICTIMS OF CRIME ASSISTANCE ACT 1976 - SECT 9

Effect on other rights and remedies

(1)  Subject to this section, the making in respect of any criminal conduct, of an award to a person does not affect the enforcement of any right or remedy that that person may have as a consequence of the criminal conduct.
(2)  Where, in respect of any criminal conduct, an award is made to any person and, as a consequence of that conduct, any sum is recovered by or for the benefit of that person by way of damages or compensation otherwise than under this Act, that sum shall be deemed to be held in trust for the Treasurer until the amount of the award has been repaid to him.
(2A)  Where, in respect of any criminal conduct –
(a) an award is made to a person under this Act;
(b) judgment is entered for the Crown in accordance with section 7A with respect to the award;
(c) a sum is recovered by or for the benefit of the person by way of damages or compensation as a consequence of the criminal conduct and is deemed to be held in trust for the Treasurer pursuant to subsection (2) ; and
(d) the Treasurer is paid an amount pursuant to subsection (2) out of the sum referred to in paragraph (c) –
the amount of the judgment debt shall be reduced by the sum paid to the Treasurer pursuant to subsection (2) .
(2B)  The Treasurer is to pay any amount paid to the Treasurer pursuant to subsection (2) into the Fund.
(3)  If, in the circumstances of any particular case, the Attorney-General considers it just so to do the Treasurer shall relinquish, in whole or in part, the rights accrued or accruing to him under subsection (2) .