112JEffect of appeals

#### 112J Effect of appeals 112J Effect of appeals > > (1) The Commissioner must not commence enforcement action under this Part, and is to suspend any enforcement action already taken, in respect of a restitution amount payable by a person if the Commissioner of Victims Rights notifies the Commissioner of a relevant appeal by the person. > > > (2) Subsection (1) has effect until the appeal proceedings have been finally determined. > > > (3) The Commissioner suspends enforcement action as follows— > > > > > (a) by directing Transport for NSW to cease enforcement action under Division 3 of Part 4, > > > > > > Note. > > > > > > See section 65 (4). > > > > > (b) by cancelling any property seizure order that has already been made in relation to the restitution amount that has not been executed, > > > > > (c) by cancelling any garnishee order for payment of the restitution amount that has already been made in relation to the debts due and accruing to the person, > > > > > (d) by cancelling any attachment order that has already been made against the person for payment of the restitution amount. > > > (4) However, any property obtained as a result of enforcement action is not required to be returned, and a charge on land created under Part 4 need not be cancelled, unless the relevant court fine enforcement order is withdrawn. > > > (5) The suspension of enforcement action by the Commissioner does not prevent further enforcement action being taken after the appeal proceedings have been finally determined. > > > (6) On the final determination of the appeal proceedings, the Commissioner may, by order, vary a court fine enforcement order in accordance with the outcome of the appeal. > > > (7) Notice of the variation is to be served on the fine defaulter in the same way as notice of a court fine enforcement order. > > > (8) In section 69, a reference to an appeal against conviction includes, in relation to a court fine enforcement order for a restitution amount, a reference to a relevant appeal. > > > (9) In this section— > > > > relevant appeal means— > > > > > (a) an application to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision to make the order for restitution, or > > > > > (b) an application to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the decision to approve the making of a recognition payment from which the order for restitution arises, or > > > > > (c) an appeal against conviction for a relevant offence in respect of which the order for restitution was imposed or an application under Part 2 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120) to annul conviction for the relevant offence. > > **pt 7A, div 3 (ss 112G–112L):** Ins 2017 No 6, Sch 1 \[9\].