36ZContravention of civil forfeiture restraining order

36Z Contravention of civil forfeiture restraining order A person who knowingly contravenes a civil forfeiture restraining order by disposing of, or otherwise dealing with, an interest in property to which the order applies is guilty of an indictable offence and liable to— S. 36Z(b) amended by No. 79/2014 s. 47(b). (b) a level 5 fine (1200 penalty units maximum) or a fine not exceeding the value of the interest (as determined by the court), whichever is greater— S. 36ZA inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 36ZA Priority given to payment of restitution or compensation S. 36ZA(1) amended by No. 55/2014 s. 10. (1) If both a civil forfeiture restraining order and a restraining order for the purposes of section 15(1)(e) are made in relation to the same property and an order for restitution or compensation is made under the **Sentencing Act 1991** in relation to an offence in reliance on which the civil forfeiture restraining order and the restraining order for the purposes of section 15(1)(e) are made or damages are awarded in relation to that offence, the State must ensure that the order for restitution, compensation or damages is satisfied, in accordance with section 36ZB, to the value of the restrained property, before civil forfeiture of the property which is subject to the civil forfeiture restraining order occurs. (2) Subsection (1) only applies if— (a) the property was not subject to a restraining order for a purpose referred to in section 15(1)(a), (b) or (d); or (b) restitution, compensation or damages have not been fully satisfied in accordance with sections 30 and 31. S. 36ZB inserted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23). 36ZB State to pay restitution and compensation out of forfeited property etc. (a) property is forfeited under this Part in relation to the offence in reliance on which a civil forfeiture restraining order is made; and (b) an order for restitution or compensation is made under the **Sentencing Act 1991** in relation to that offence or damages are awarded in relation to that offence— the State must satisfy, subject to subsection (2), to the value of the property forfeited (less conversion costs), the order for restitution, compensation or damages. (2) If, in relation to an offence, the value of the property forfeited under this Part (less conversion costs) is less than the sum of orders for restitution, compensation or damages, the State must pay to each person awarded restitution, compensation or damages an amount calculated in accordance with the formula— **F** ![]() **V/A** where— **F** is the value of the property forfeited under this Part (less conversion costs); **V** is a victim's award of restitution, compensation or damages to the extent that it has not been satisfied; **A** is the total of awards of restitution, compensation and damages in respect of the offence. Division 2—Civil forfeiture orders S. 37 substituted by No. 68/2010 s. 49 (as amended by No. 73/2011 ss 21–23).