sec.401Magistrate may order repayment of fees—criminal proceedings

### sec.401 Magistrate may order repayment of fees—criminal proceedings This section applies if a magistrate hears and decides a complaint for an offence against section 400 (1) or (2) . Subsection (3) applies if— the magistrate finds the defendant guilty; and the magistrate finds, on the balance of probabilities, a fee to have been received in contravention of section 400 (1) or (2) ; and the fee has not been repaid to the work seeker; and the defendant is not liable to repay the fee to the work seeker under an existing order under section 402 or 405 . The magistrate must order the defendant to repay the fee to the work seeker. If the magistrate does not find the defendant guilty, the magistrate may order the defendant to repay to the work seeker the amount the magistrate finds, on the balance of probabilities, the defendant has received from the work seeker. The magistrate may make an order under this section— despite an express or implied provision of an agreement to the contrary; and on the terms the magistrate considers appropriate. (sec.401-ssec.1) This section applies if a magistrate hears and decides a complaint for an offence against section 400 (1) or (2) . (sec.401-ssec.2) Subsection (3) applies if— the magistrate finds the defendant guilty; and the magistrate finds, on the balance of probabilities, a fee to have been received in contravention of section 400 (1) or (2) ; and the fee has not been repaid to the work seeker; and the defendant is not liable to repay the fee to the work seeker under an existing order under section 402 or 405 . (sec.401-ssec.3) The magistrate must order the defendant to repay the fee to the work seeker. (sec.401-ssec.4) If the magistrate does not find the defendant guilty, the magistrate may order the defendant to repay to the work seeker the amount the magistrate finds, on the balance of probabilities, the defendant has received from the work seeker. (sec.401-ssec.5) The magistrate may make an order under this section— despite an express or implied provision of an agreement to the contrary; and on the terms the magistrate considers appropriate. - (a) the magistrate finds the defendant guilty; and - (b) the magistrate finds, on the balance of probabilities, a fee to have been received in contravention of section 400 (1) or (2) ; and - (c) the fee has not been repaid to the work seeker; and - (d) the defendant is not liable to repay the fee to the work seeker under an existing order under section 402 or 405 . - (a) despite an express or implied provision of an agreement to the contrary; and - (b) on the terms the magistrate considers appropriate.