Victorian Current Acts

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Court may take financial circumstances of offender into account

    (1)     If a court decides to make a cost recovery order, it may, in determining the amount and method of payment of the costs covered by the order, take into account, as far as practicable, the financial circumstances of the offender and the nature of the burden that payment of the costs will impose.

    (2)     A court is not prevented from making a cost recovery order only because it has been unable to find out the financial circumstances of the offender.

    (3)     If the court considers—

        (a)     that it would be appropriate, in addition to making a cost recovery order, to impose a fine or make a compensation order under Division 2 or both impose a fine and make such a compensation order; but

        (b)     that the offender has insufficient means to pay them all—

the court must give first preference to any compensation order, second preference to a cost recovery order and third preference to a fine.

S. 87K inserted by No. 80/2001 s. 4.

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