Victorian Consolidated Legislation

Travel Agents Act 1986 - SECT 35

Civil orders

35. Civil orders



(1) Where a person is convicted of an offence against this Act, the court may,
in addition to any penalty it may impose, make any order, finding or
determination relating to anything done or omitted to be done by the person
convicted including an order for payment of compensation by the person
convicted.

(2) Where a person is convicted of an offence against section 6(1), the court
may, in addition to any penalty it may impose, order the person to pay to the
Crown an amount assessed by the court as not exceeding the proceeds derived by
the person from the commission of the offence.

(3) Before making an order under subsection (1) or (2), the court may require
notice to be given to, and may hear, such persons as the court thinks fit.

(4) For the purpose of making an order against a person under subsection (2),
the court may-

   (a)  take into account such matters as the court thinks fit; and

   (b)  to the extent specified by the court-treat any interest in real or
        personal property acquired by the person by means of proceeds derived
        from the commission of the offence as proceeds derived by the person
        from commission of the offence; and

   (c)  treat the equivalent, in money terms, of any interest in real or
        personal property derived by the person from commission of the offence
        as proceeds derived by the person from commission of the offence.

(5) Subject to subsection (6), where a body corporate is ordered under
subsection (1) or (2) to make a payment, the persons who, at the time of the
commission of the offence giving rise to the order for payment, were directors
of the body corporate are jointly liable with the body corporate, and they and
the body corporate are each severally liable, to make the payment ordered and
are so liable as if the order had been to that effect.

(6) If it is proved that an offence by a body corporate, giving rise to an
order for payment made under subsection (1) or (2) was committed without the
knowledge or consent of a director of the body corporate, the director is not
liable as provided by subsection (5).

(7) Without affecting any other right of appeal, an order for payment made
under subsection (1) or (2) is appealable as if it were, or were part of, a
penalty imposed in respect of the offence giving rise to the order.

(8) On appeal against a conviction referred to in subsection (1) or (2), an
order made under the subsection may be confirmed, varied or revoked.

(9) An order for payment made under subsection (1) or (2) may be enforced as
if it were a judgment in a civil matter given by the court.

(10) The Crown must pay to the compensation scheme trustees for the purposes
of the compensation scheme an amount equivalent to any amount paid to the
Crown pursuant to an order under subsection (2).