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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under section 24 of the repealed Act and a person has applied for the payment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"repealed provision" ); or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of the repealed Criminal Code chapter and a person has applied for the payment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"repealed provision" ); and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deal with the application under the repealed provision.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(2), the repealed provision, and any other provisions of the repealed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the repealed Act— section 36 (4) to (6) of that Act; or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application under section 663C of the repealed Criminal Code chapter—section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section 32 of the repealed Act†”section 37 of the repealed Act; or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an application under section 663C of the repealed Criminal Code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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