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CRIMES (SENTENCING) ACT 2005 - SECT 112

Reparation orders—Confiscation of Criminal Assets Act

    (1)     The court must not order the offender to make reparation to a person only because the person's property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003

(the Confiscation Act ).

    (2)     To remove any doubt—

        (a)     an amount payable under a reparation order cannot be recovered from property that has been restrained or forfeited under the Confiscation Act

; and

        (b)     a reparation order for the restoration of property cannot be made for property that has been restrained or forfeited under the Confiscation Act

.

Note 1     Restrained property may be dealt with only in accordance with the Confiscation Act

(see that Act, s 19, def restraining order and s 33 (1)). For the exclusion of restrained property from forfeiture, see the Confiscation Act

, pt 6.

Note 2     For applications by a person who had an interest in forfeited property for the property's return or for compensation, see the Confiscation Act

, div 9.5.

    (3)     In this section:

"restrained"—property that has been "restrained" under the Confiscation Act

includes—

        (a)     property in relation to which an application for a restraining order has been made under that Act; and

        (b)     property in relation to which an application for a conviction forfeiture order has been made under that Act; and

        (c)     property subject to forfeiture under that Act.



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