Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 121

121 .         Enforcing restitution order, court’s powers for

        (1)         If a person against whom a restitution order has been made does not comply with the order, the victim in whose favour the order was made may apply to the court that made it for an order under subsection (3).

        (2)         The application is to be made in accordance with the regulations.

        (3)         On such an application, the court may —

            (a)         amend the restitution order; or

            (b)         cancel the restitution order and make a compensation order in favour of the victim; or

            (c)         dismiss the application.

        (4)         If on such an application, the court is satisfied that the offender or the third party (as the case may be) has committed an offence under section 122, the court may deal with the offender or the third party (as the case may be) for the offence, in addition to making an order under subsection (3).

        (5)         The power in subsection (4) may be exercised by a court even though there has been no prosecution commenced for an offence under section 122 and even though the court is a superior court.

        [Section 121 amended: No. 84 of 2004 s. 65.]



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