CONFISCATION ACT 1997 - SECT 36ZB State to pay restitution and compensation out of forfeited property etc.

CONFISCATION ACT 1997 - SECT 36ZB

    (1)     If—

        (a)     property is forfeited under this Part in relation to the offence in reliance on which a civil forfeiture restraining order is made; and

        (b)     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 (less conversion costs), the order for restitution, compensation or damages.

    (2)     If, in relation to an offence, the value of the property forfeited under this Part (less conversion costs) is 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 under this Part (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).

Division 2—Civil forfeiture orders

S. 37 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21– 23).