Queensland Consolidated Acts

VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 154

154 Application of div 2

(1) This division applies if—

(a) a person could have, if this chapter had not commenced, applied to a court for an order requiring the payment of compensation for injury suffered because of a personal offence committed before the commencement, under—

(i) section 24 of the repealed Act; or

(ii) section 663B of the repealed Criminal Code chapter; and

(b) at the commencement, the person has not made an application under a provision mentioned in paragraph (a)(i) or (ii) for the injury.

Note—

See division 7 if, at the commencement, the period within which a person could have applied for an order mentioned in subsection (1)(a) has already expired.

(2) For subsection (1), it is immaterial—

(a) whether the person’s injury is suffered before or after the commencement, or over a period starting before the commencement and ending after the commencement; and

(b) whether the conviction in relation to which the person’s entitlement to apply for the order arose happens before or after the commencement; and

(c) for a person to whom subsection (1)(a)(i) applies—whether the person’s entitlement to apply for the order is the result of an order made under section 41 of the repealed Act before the commencement.

Note—

See division 8 in relation to applying, under section 32 of the repealed Act or section 663C of the repealed Criminal Code chapter, to the State for the payment of an amount that must be paid under an order mentioned in subsection (1)(a).