New South Wales Repealed Acts

This legislation has been repealed.

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 49

49 Hearing by Tribunal to confirm provisional order for restitution if defendant objects to order

(1) If the defendant files a notice of objection to a provisional order for restitution within 28 days after notice of the provisional order was duly served on the defendant, the Tribunal must conduct a hearing to determine whether the provisional order should be confirmed (in this Division called
"recovery proceedings" ).

(2) The Tribunal may confirm a provisional order made under section 46 if satisfied that the defendant has been convicted of an offence arising from substantially the same facts as those constituting the act of violence in respect of which an award of statutory compensation was made. If the Tribunal is not so satisfied, it must discharge the provisional order.

(2A) The Tribunal may confirm a provisional order made under section 46A if satisfied that:

(a) a person against whom a provisional order for restitution has been made under section 46 has disposed of property as part of a scheme for the purpose of avoiding a liability (whether actual or potential) under this Division, and

(b) the defendant was a party to the scheme and obtained property under the scheme without giving sufficient consideration.

If the Tribunal is not so satisfied, it must discharge the provisional order.

(3) The Tribunal may vary a provisional order for restitution that it confirms.