sec.319ZWhat is an entity claim

### sec.319Z What is an entity claim The chief executive of the department in which the Victims of Crime Assistance Act is administered has, for the State, a claim (an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— the State has paid an amount under— the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or the repealed Criminal Offence Victims Act , section 34 , in relation to— an arrest, or attempted arrest, of the relevant person; or a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or the Criminal Code , repealed chapter 65A , section 663D , in relation to— an arrest, or attempted arrest, of the relevant person; or a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or an act or omission of the relevant person; or an indictable offence allegedly committed by the relevant person; and the State has not recovered the amount in full from any person. In subsection (1) — a reference to the repealed Criminal Offence Victims Act is a reference to the Criminal Offence Victims Act 1995 , as in force from time to time before its repeal, and includes that Act as it continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 ; and a reference to the Criminal Code , repealed chapter 65A is a reference to the Criminal Code , chapter 65A , as in force from time to time before its repeal, and includes that chapter as it continued to apply under the repealed Criminal Offence Victims Act 1995 , section 46 (2) or continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 . The chief executive of the department in which the Victims of Crime Assistance Act is administered has, for the State, a claim ( entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— an amount is payable by the relevant person to the State under the Victims of Crime Assistance Act , section 117 (4) ; and the State has not recovered the amount in full from any person. The SPER registrar has a claim (also an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— an amount is payable by the relevant person to SPER under the State Penalties Enforcement Act 1999 or another Act; and SPER has not recovered the amount in full from any person. The child support registrar has a claim (also an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— the relevant person owes a child support debt to the Commonwealth; and the Commonwealth has not recovered the debt in full from any person. In this section— child support debt means— an amount that is a debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 30 ; or any amount payable as a penalty on an amount mentioned in paragraph (a) under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 67 . The chief executive of the department in which the Victims of Crime Assistance Act is administered, the SPER registrar and the child support registrar are all collection entities for this part. See section 319J . s 319Z ins 2008 No. 53 s 4 amd 2009 No. 35 s 199 (sec.319Z-ssec.1) The chief executive of the department in which the Victims of Crime Assistance Act is administered has, for the State, a claim (an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— the State has paid an amount under— the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or the repealed Criminal Offence Victims Act , section 34 , in relation to— an arrest, or attempted arrest, of the relevant person; or a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or the Criminal Code , repealed chapter 65A , section 663D , in relation to— an arrest, or attempted arrest, of the relevant person; or a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or an act or omission of the relevant person; or an indictable offence allegedly committed by the relevant person; and the State has not recovered the amount in full from any person. (sec.319Z-ssec.1A) In subsection (1) — a reference to the repealed Criminal Offence Victims Act is a reference to the Criminal Offence Victims Act 1995 , as in force from time to time before its repeal, and includes that Act as it continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 ; and a reference to the Criminal Code , repealed chapter 65A is a reference to the Criminal Code , chapter 65A , as in force from time to time before its repeal, and includes that chapter as it continued to apply under the repealed Criminal Offence Victims Act 1995 , section 46 (2) or continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 . (sec.319Z-ssec.1B) The chief executive of the department in which the Victims of Crime Assistance Act is administered has, for the State, a claim ( entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— an amount is payable by the relevant person to the State under the Victims of Crime Assistance Act , section 117 (4) ; and the State has not recovered the amount in full from any person. (sec.319Z-ssec.2) The SPER registrar has a claim (also an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— an amount is payable by the relevant person to SPER under the State Penalties Enforcement Act 1999 or another Act; and SPER has not recovered the amount in full from any person. (sec.319Z-ssec.3) The child support registrar has a claim (also an entity claim ) against a person in relation to whom relevant money is awarded (the relevant person ) if— the relevant person owes a child support debt to the Commonwealth; and the Commonwealth has not recovered the debt in full from any person. (sec.319Z-ssec.4) In this section— child support debt means— an amount that is a debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 30 ; or any amount payable as a penalty on an amount mentioned in paragraph (a) under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 67 . The chief executive of the department in which the Victims of Crime Assistance Act is administered, the SPER registrar and the child support registrar are all collection entities for this part. See section 319J . - (a) the State has paid an amount under— (i) the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or (ii) the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or (iii) the repealed Criminal Offence Victims Act , section 34 , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or (iv) the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or (v) the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or (vi) the Criminal Code , repealed chapter 65A , section 663D , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or (C) an act or omission of the relevant person; or (D) an indictable offence allegedly committed by the relevant person; and - (i) the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or - (ii) the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or - (iii) the repealed Criminal Offence Victims Act , section 34 , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or - (A) an arrest, or attempted arrest, of the relevant person; or - (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or - (iv) the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or - (v) the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or - (vi) the Criminal Code , repealed chapter 65A , section 663D , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or (C) an act or omission of the relevant person; or (D) an indictable offence allegedly committed by the relevant person; and - (A) an arrest, or attempted arrest, of the relevant person; or - (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or - (C) an act or omission of the relevant person; or - (D) an indictable offence allegedly committed by the relevant person; and - (b) the State has not recovered the amount in full from any person. - (i) the repealed Criminal Offence Victims Act , section 32 , for a compensation order made, under section 24 of that Act, against the relevant person; or - (ii) the repealed Criminal Offence Victims Act , section 33 , in relation to an act committed by the relevant person; or - (iii) the repealed Criminal Offence Victims Act , section 34 , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or - (A) an arrest, or attempted arrest, of the relevant person; or - (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or - (iv) the repealed Criminal Offence Victims Act , section 35 , for an offence of murder or manslaughter committed by the relevant person; or - (v) the Criminal Code , repealed chapter 65A , section 663C , in relation to an indictable offence committed by the relevant person; or - (vi) the Criminal Code , repealed chapter 65A , section 663D , in relation to— (A) an arrest, or attempted arrest, of the relevant person; or (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or (C) an act or omission of the relevant person; or (D) an indictable offence allegedly committed by the relevant person; and - (A) an arrest, or attempted arrest, of the relevant person; or - (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or - (C) an act or omission of the relevant person; or - (D) an indictable offence allegedly committed by the relevant person; and - (A) an arrest, or attempted arrest, of the relevant person; or - (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or - (A) an arrest, or attempted arrest, of the relevant person; or - (B) a prevention, or attempted prevention, of an offence or suspected offence committed by the relevant person; or - (C) an act or omission of the relevant person; or - (D) an indictable offence allegedly committed by the relevant person; and - (a) a reference to the repealed Criminal Offence Victims Act is a reference to the Criminal Offence Victims Act 1995 , as in force from time to time before its repeal, and includes that Act as it continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 ; and - (b) a reference to the Criminal Code , repealed chapter 65A is a reference to the Criminal Code , chapter 65A , as in force from time to time before its repeal, and includes that chapter as it continued to apply under the repealed Criminal Offence Victims Act 1995 , section 46 (2) or continues to apply under the Victims of Crime Assistance Act , chapter 6 , part 2 . - (a) an amount is payable by the relevant person to the State under the Victims of Crime Assistance Act , section 117 (4) ; and - (b) the State has not recovered the amount in full from any person. - (a) an amount is payable by the relevant person to SPER under the State Penalties Enforcement Act 1999 or another Act; and - (b) SPER has not recovered the amount in full from any person. - (a) the relevant person owes a child support debt to the Commonwealth; and - (b) the Commonwealth has not recovered the debt in full from any person. - (a) an amount that is a debt due to the Commonwealth under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 30 ; or - (b) any amount payable as a penalty on an amount mentioned in paragraph (a) under the Child Support (Registration and Collection) Act 1988 (Cwlth) , section 67 .