Australian Capital Territory Repealed Acts

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This legislation has been repealed.

VICTIMS OF CRIME (FINANCIAL ASSISTANCE) ACT 1983 (REPEALED) - SECT 61B

Recovery under restitution orders—Confiscation of Criminal Assets Act

    (1)     This section applies in relation to the recovery from a defendant (including under an arrangement under section 58) of an amount under a provisional order for restitution or a provisional order for restitution that is confirmed.

    (2)     To remove any doubt, the amount cannot be recovered from property that has been restrained or forfeited under the Confiscation of Criminal Assets Act 2003

.

Note 1     Restrained property may be dealt with only in accordance with the Confiscation of Criminal Assets Act 2003

(the Confiscation Act ) (see that Act, s 19, def restraining order and s 33 (1)). For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6.

Note 2     For applications by a person who had an interest in forfeited property for the property's return or for compensation, see the Confiscation Act, div 9.5.

    (3)     In this section:

"restrained"—see the Crimes (Sentencing) Act 2005

, section 112 (3).



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