Queensland Consolidated Acts

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VICTIMS OF CRIME ASSISTANCE ACT 2009 - SECT 168

Existing application for payment of court ordered compensation by the State

168 Existing application for payment of court ordered compensation by the State

(1) This section applies if—
(a) either—
(i) a court has made an order under section 24 of the repealed Act and a person has applied for the payment of an amount the subject of the order under section 32 of that Act (the
"repealed provision" ); or
(ii) a court has made an order under section 663B of the repealed Criminal Code chapter and a person has applied for the payment of an amount the subject of the order under section 663C of that chapter (also the
"repealed provision" ); and
(b) at the commencement, the application has not been finally dealt with.
(2) The entity to whom the application was made must deal with the application under the repealed provision.
(3) For subsection (2), the repealed provision, and any other provisions of the repealed legislation that are necessary or convenient to be used in relation to the application, continue to apply as if this chapter had not commenced.
(4) Without limiting subsection (3), the relevant appropriation provision continues to apply to any payment to be made in relation to the application as if this chapter had not commenced.
(5) If at the end of 3 years after the commencement the applicant has not given all the necessary information, documents or other assistance to enable the application to be decided, the application lapses.
Note—
See—
(a) for an application under section 32 of the repealed Act— section 36 (4) to (6) of that Act; or
(b) for an application under section 663C of the repealed Criminal Code chapter—section 663C(2) and (3) of that chapter.
(6) If an application lapses under subsection (5), the applicant can not make a further application under this part.
(7) The scheme manager must—
(a) give the applicant notice of the effect of subsection (5) and (6); and
(b) ensure all reasonable steps are taken to give the applicant an opportunity to give the necessary information, documents or other assistance to enable the application to be decided within the 3 year period mentioned in subsection (5).
(8) In this section—

"relevant appropriation provision" means—
(a) for an application under section 32 of the repealed Act†”section 37 of the repealed Act; or
(b) for an application under section 663C of the repealed Criminal Code chapter—section 663E(1) of the repealed Criminal Code chapter.



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