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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 117
Offender’s liability to pay generally
117 Offender’s liability to pay generally
(1) This section applies if— (a) the scheme manager has given a person a
notice under section 115 (the
"recovery notice" ); and
(b) the question of whether the offence of which the
person has been convicted is a relevant offence for the act of violence for
which the assistance was granted is no longer in dispute.
(2) For subsection
(1) (b) , the question is no longer in dispute if— (a) the person has not,
for the offence, given the scheme manager a dispute notice under section 116
(2) within 14 days after the scheme manager gave the person the
recovery notice; or
(b) the person has, for the offence, given the scheme
manager a dispute notice under section 116 (2) within 14 days after the scheme
manager gave the person the recovery notice and— (i) the consideration of
the dispute mentioned in the dispute notice has been finally decided by the
scheme manager under section 116 (4) , by QCAT on any review of the scheme
manager’s decision or by another entity on any appeal against QCAT’s
decision; and
(ii) the result of the consideration is that the offence of
which the person has been convicted is a relevant offence for the act of
violence for which the assistance was granted.
(3) The scheme manager must
give the person a notice stating— (a) the amount (
"payable amount" ) the State seeks to recover from the person under this part;
and
(b) that under subsection (4) , the person is liable to pay the stated
amount to the State within a stated period of at least 28 days (the
"payment period" ); and
(c) that if the person does not pay the stated amount
within the stated period, the scheme manager may give particulars of the
amount to the SPER registrar for registration under that Act.
(4) The person
is liable to pay the State the payable amount within the payment period.
Note— See section 95 for the application of assistance granted to a person
towards satisfying the person’s liability to pay under subsection (4) .
(5) For subsection (3) (a) , the amount must be— (a) the amount mentioned in
the recovery notice as the amount the State seeks to recover from the person
under this part; or
(b) if, after the recovery notice was given to the
person, the amount of assistance granted to a person for the act of violence
is, under this chapter, reduced to an amount that is lower than the amount
mentioned in paragraph (b) —the lower amount.
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