Commonwealth Numbered Acts

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DAIRY PRODUCE ACT 1986 No. 54 of 1986 - SECT 114

Court may order refunds
114. (1) Where a person is convicted of an offence against sub-section 112
(1), the court may, in addition to imposing a penalty, order the person to
repay to the Corporation so much of a payment in respect of dairy produce as
was paid to the person as a result of the offence.

(2) Where a court has ordered a person, under sub-section (1), to refund an
amount to the Corporation, the Corporation may deduct that amount from any
other money payable to that person under this Act.

(3) Where-

   (a)  a court makes an order under sub-section (1) ordering a person to
        refund an amount to the Corporation; and

   (b)  the court has civil jurisdiction to the extent of the amount, the
        order is enforceable in all respects as a final judgment of the court
        in favour of the Corporation.

(4) Where-

   (a)  a court makes an order under sub-section (1) ordering a person to
        refund to the Corporation the amount of a grant; and

   (b)  the court-

        (i)    does not have civil jurisdiction; or

        (ii)   has civil jurisdiction, but does not have civil jurisdiction to
               the extent of the amount, the proper officer of the court shall
               issue to the Corporation a certificate in the prescribed form
               containing the prescribed particulars.

(5) The certificate may, in the prescribed manner and subject to the
prescribed conditions (if any), be registered in a court having civil
jurisdiction to the extent of the amount ordered to be refunded to the
Corporation.

(6) Upon registration under sub-section (5), the certificate is enforceable in
all respects as a final judgment of the court in favour of the Corporation.

(7) The costs of registration of the certificate and other proceedings under
this section shall, subject to the prescribed conditions (if any), be deemed
to be payable under the certificate. 


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