Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 336

Court may order reparation for loss suffered

             (1)  Where:

                     (a)  a person is convicted by a court of an offence against this Part; and

                     (b)  because of that offence, another person has suffered loss;

the court may, in addition to any penalty imposed on the offender, order the offender to make to the other person such reparation (whether by payment of money or otherwise) as the court thinks fit.

             (2)  Where:

                     (a)  a court makes an order for the making of reparation by payment of an amount of money; and

                     (b)  the clerk, or other appropriate officer, of the court signs a certificate specifying:

                              (i)  the amount ordered to be paid; and

                             (ii)  the person by whom the amount is to be paid; and

                            (iii)  the person to whom the amount is to be paid; and

                     (c)  the certificate is filed in a court having civil jurisdiction to the extent of the amount to be paid;

the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.

             (3)  The court may not, under subsection (1), order reparation in respect of an amount paid by a person if that amount has been recovered by the person under section 313.

             (4)  If an amount paid by a person could be recovered by the person under section 313, the following provisions apply:

                     (a)  if, under subsection (1), a court orders the person to whom the amount was paid to make reparation to the first person, the court must state in the order whether the reparation ordered includes reparation for the amount paid;

                     (b)  if a court states in an order under subsection (1) that the reparation ordered is or includes reparation for the amount paid, the amount is not recoverable under section 313.



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