Western Australian Current Acts Western Australian Current Acts (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.]