Victorian Consolidated Legislation

Confiscation Act 1997 - SECT 31

State to pay restitution and compensation out of forfeited property etc.

31. State to pay restitution and compensation out of forfeited property etc.



(1) If-



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   (b)  property is forfeited by or under this Act, or a pecuniary penalty
        order is made, in relation to the offence in reliance on which the
        restraining order is made; and

   (c)  an order for restitution or compensation is made under the
        Sentencing Act 1991 in relation to that offence or damages are awarded
        in relation to that offence-

the State must satisfy, subject to subsection (2), to the value of the
property forfeited or the amount of the penalty paid (less conversion costs),
the order for restitution, compensation or damages.



(2) If, in relation to an offence, the value of the property forfeited and the
amount of the penalty paid (less conversion costs) are less than the sum of
orders for restitution, compensation or damages, the State must pay to each
person awarded restitution, compensation or damages an amount calculated in
accordance with the formula-

F V/A where-

F is the value of the property forfeited and the amount of the penalty paid
(less conversion costs);

V is a victim's award of restitution, compensation or damages to the extent
that it has not been satisfied;

A is the total of awards of restitution, compensation and damages in respect
of the offence.

Note Property is defined as including any interest in property: see section
3(1).

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