21LRecovery of grant on conviction

21L Recovery of grant on conviction

(1) Where a person is convicted of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Part, the court may, in addition to imposing a penalty, order the person to refund to the Commonwealth the amount of any grant made to the person that, but for the commission of the offence, would not have been made. (2) Where: (a) a court makes an order under subsection (1) ordering a person to refund an amount to the Commonwealth; and (b) the court has civil jurisdiction to the extent of the amount; the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth. (3) Where: (a) a court makes an order under subsection (1) ordering a person to refund an amount to the Commonwealth; and (b) the court: (i) does not have civil jurisdiction; or (ii) has civil jurisdiction, but does not have civil jurisdiction to the extent of the amount; the proper officer of the court shall issue to the Secretary of the Department a certificate in the prescribed form containing the prescribed particulars. (4) The certificate may, in the prescribed manner and subject to the prescribed conditions (if any), be registered in a court having civil jurisdiction to the extent of the amount ordered to be refunded to the Commonwealth. (5) Upon registration under subsection (4), the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth. (6) The costs of registration of the certificate and other proceedings under this section shall, subject to the prescribed conditions (if any), be deemed to be payable under the certificate.