Victorian Current Acts Victorian Current ActsS. 97(1) amended by Nos 96/1994 s. 51(a), 76/1998 s. 3(1)(z), 19/2018 s. 82(1).
(1) Without limiting section 86 of the Sentencing Act 1991 , that section applies to an offence under a relevant law as if—
S. 97(1)(a) amended by No. 42/2021 s. 44(a).
(a) the reference in subsection (1) to property included a reference to—
(i) Crown land; and
(ii) any natural feature on Crown land; and
(iii) any road, structure, improvement, facility or thing on Crown land—
and also included a reference to property of the Secretary, Parks Victoria for relevant Parks Victoria land or the Great Ocean Road Coast and Parks Authority for land controlled and managed by the Authority; and
S. 97(1)(b) amended by Nos 57/1989 s. 3(Sch. item 27.4(a)(b)), 76/1998 s. 3(1)(z), 65/2011 s. 107(Sch. item 1), 19/2018 s. 82(2), 42/2021 s. 44(b).
(b) subsection (1) also provided that, on the application of the Secretary, Parks Victoria or the Authority and on being satisfied that the Secretary, Parks Victoria or the Authority has incurred charges, costs or expenses because of the commission of the offence a court may order the person so convicted or released or made the subject of a community correction order to pay such compensation (not exceeding the amount of the charges, costs or expenses incurred) as the court thinks fit; and
S. 97(1)(c) amended by Nos 76/1998 s. 3(1)(z), 19/2018 s. 82(3), 42/2021 s. 44(c).
(c) the property or thing mentioned in paragraph (a) of this subsection belonged to the Secretary, Parks Victoria or the Authority (as the case requires); and
S. 97(1)(d) amended by Nos 76/1998 s. 3(1)(z), 19/2018 s. 82(3), 42/2021 s. 44(d).
(d) in subsection (1) the reference to any person suffering loss or destruction of or damage to property included a reference to the Secretary, Parks Victoria or the Authority (as the case requires).
S. 97(2) amended by No. 96/1994 s. 51(b).
(2) Section 86 of the Sentencing Act 1991 applies to an offence under a relevant law as if the reference to property in that section included—
(a) a reference to forest produce; and
S. 97(2)(b) amended by No. 92/1995 s. 162(1).
(b) a reference to wildlife within the meaning of the Wildlife Act 1975 ; and
S. 97(2)(c) inserted by No. 92/1995 s. 162(1).
(c) a reference to fish or protected aquatic biota within the meaning of the Fisheries Act 1995 .
S. 97(3) amended by No. 96/1994 s. 51(a).
(3) For the purpose of section 86 of the Sentencing Act 1991 as applied by subsections (1) and (2)—
S. 97(3)(a) amended by No. 76/1998 s. 3(1)(z).
(a) if the property which has been lost, damaged or destroyed is forest produce a statement in a certificate under the seal of the Secretary as to the amount which the Secretary considers would have been payable by way of royalty if the forest produce had been taken in accordance with a licence granted under a relevant law is evidence of the value of the forest produce; and
S. 97(3)(b) amended by No. 76/1998 s. 3(1)(z).
(b) in any other case, a statement in a certificate under the seal of the Secretary as to the value of the property lost damaged or destroyed or as to the amount of charges, costs or expenses incurred is evidence of the value of that property or that amount.
S. 97(4) amended by No. 96/1994 s. 51(a).
(4) If under section 86 of the Sentencing Act 1991 a court may make an order for compensation in relation to an offence against a relevant law where the property lost damaged or destroyed is forest produce, the court instead of making that order, may order the forest produce to be forfeited to the Crown.