CONFISCATION ACT 1997 - SECT 36ZA Priority given to payment of restitution or compensation
CONFISCATION ACT 1997 - SECT 36ZA
Priority given to payment of restitution or compensationS. 36ZA(1) amended by No. 55/2014 s. 10.
(1) If both a civil forfeiture restraining order and a restraining order for the purposes of section 15(1)(e) are made in relation to the same property and an order for restitution or compensation is made under the Sentencing Act 1991 in relation to an offence in reliance on which the civil forfeiture restraining order and the restraining order for the purposes of section 15(1)(e) are made or damages are awarded in relation to that offence, the State must ensure that the order for restitution, compensation or damages is satisfied, in accordance with section 36ZB, to the value of the restrained property, before civil forfeiture of the property which is subject to the civil forfeiture restraining order occurs.
(2) Subsection (1) only applies if—
(a) the property was not subject to a restraining order for a purpose referred to in section 15(1)(a), (b) or (d); or
(b) restitution, compensation or damages have not been fully satisfied in accordance with sections 30 and 31.
S. 36ZB inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21– 23).