Victorian Current Acts Victorian Current Acts(1) If goods have been stolen and a person is found guilty or convicted of an offence connected with the theft (whether or not stealing is the gist of the offence), the court may make—
(a) an order that the person who has possession or control of the stolen goods restore them to the person entitled to them;
(b) an order that the offender deliver or transfer to another person goods that directly or indirectly represent the stolen goods (that is, goods that are the proceeds of any disposal or realisation of the whole or part of the stolen goods or of goods so representing them);
(c) an order that a sum not exceeding the value of the stolen goods be paid to another person out of money taken from the offender's possession on his or her arrest.
(2) An order under paragraph (b) or (c) of subsection (1) may only be made in favour of a person who, if the stolen goods were in the offender's possession, would be entitled to recover them from him or her.
(3) The court may make an order under both paragraphs (b) and (c) of subsection (1) provided that the person in whose favour the order is made does not thereby recover more than the value of the stolen goods.
(4) If the court makes an order under paragraph (a) of subsection (1) against a person and it appears to the court that that person in good faith bought the stolen goods from, or loaned money on the security of the stolen goods to, the offender, the court may, on the application of the purchaser or lender, order that a sum not exceeding the purchase price or the amount loaned (as the case requires) be paid to the applicant out of money taken from the offender's possession on his or her arrest.
S. 84(4A) inserted by No. 21/2020 s. 82.
(4A) If a person is found guilty or convicted of an offence against section 6(1), 7(1) or 8(1) of the Wage Theft Act 2020 , the court may make either or both of the following orders—
(a) an order that the person pay or attribute to the affected employee the employee entitlements withheld due to the commission of the offence;
(b) an order that the person pay to the affected employee a sum not exceeding the value of the employee entitlements so withheld.
S. 84(4B) inserted by No. 21/2020 s. 82.
(4B) If a person is found guilty or convicted of an offence against section 6(7), 7(2) or 8(2) of the Wage Theft Act 2020 , the court may make an order that the person pay to the affected employee a sum not exceeding the value of the employee entitlements withheld due to the commission of the offence.
S. 84(4C) inserted by No. 21/2020 s. 82.
(4C) In subsections (4A) and (4B), employee entitlement and withheld have the same meaning as in the Wage Theft Act 2020 .
(5) An order under this section—
(a) may be made on an application made as soon as practicable after the offender is found guilty, or convicted, of the offence; and
(b) may be made in favour of a person on an application made—
(i) by that person; or
(ii) on that person's behalf by the Director of Public Prosecutions (if the sentencing court was the Supreme Court or the County Court) or the informant or police prosecutor (if the sentencing court was the Magistrates' Court).
(6) Nothing in subsection (5)(b)(ii) requires the Director of Public Prosecutions or the informant or police prosecutor (as the case requires) to make an application on behalf of a person.
(7) A court must not exercise the powers conferred by this section unless in the opinion of the court the relevant facts sufficiently appear from evidence given at the hearing of the charge or from the available documents, together with admissions made by or on behalf of any person in connection with the proposed exercise of the powers.
(8) In subsection (7) "the available documents" means—
(a) any written statements or admissions which were made for use, and would have been admissible, as evidence on the hearing of the charge; or
S. 84(8)(b) substituted by No. 68/2009 s. 97(Sch. item 110.62).
(b) the depositions in the committal proceeding.
S. 84(8)(c) repealed by No. 68/2009 s. 97(Sch. item 110.62).
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(9) References in this section to—
(a) stealing must be construed in accordance with subsections (1) and (4) of section 90 of the Crimes Act 1958 ; and
(b) goods include references to a motor vehicle.