112Reparation orders—Confiscation of Criminal Assets Act

112 Reparation orders—Confiscation of Criminal Assets Act (1) The court must not order the offender to make reparation to a person only because the person’s property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003 (the Confiscation Act). (2) To remove any doubt— (a) an amount payable under a reparation order cannot be recovered from property that has been restrained or forfeited under the Confiscation Act; and (b) a reparation order for the restoration of property cannot be made for property that has been restrained or forfeited under the Confiscation Act. Note 1 Restrained property may be dealt with only in accordance with the Confiscation Act (see that Act, s 19, def restraining order and s 33 (1)). For the exclusion of restrained property from forfeiture, see the Confiscation Act, pt 6. Note 2 For applications by a person who had an interest in forfeited property for the property’s return or for compensation, see the Confiscation Act, div 9.5. restrained—property that has been restrained under the Confiscation Act includes— (a) property in relation to which an application for a restraining order has been made under that Act; and (b) property in relation to which an application for a conviction forfeiture order has been made under that Act; and (c) property subject to forfeiture under that Act.