Victorian Current Acts

SENTENCING ACT 1991 - SECT 53

    (1)     In considering the financial circumstances of the offender, the court must take into account any other order that it or any other court has made or that it proposes to make—

        (a)     providing for the forfeiture of the offender's property or the automatic forfeiture of the offender's property by operation of law; or

        (b)     requiring the offender to make restitution or pay compensation.

    (2)     The court must give preference to imposing an order on the offender to make restitution or pay compensation, though it may impose a fine as well on the offender, if the court considers—

        (a)     that the offender has insufficient means to pay both a fine and a restitution or compensation order; and

        (b)     that it would be appropriate both to impose a fine and to make a restitution or compensation order.

S. 54 substituted by No. 32/2013 s. 47 (as amended by No. 77/2013 ss 45, 48).