sec.6Pecuniary liability upon conviction

### sec.6 Pecuniary liability upon conviction A publicly funded superannuant who is convicted after the commencement of this Act of an offence that is a prescribed offence committed by the superannuant while the superannuant held a public office thereby incurs a liability to pay to the State— if the Minister and superannuant agree on the amount of the liability—the agreed amount; or otherwise—an amount the superannuant is ordered to pay under section 7 (2) . A liability incurred under subsection (1) no longer exists if, upon appeal, the conviction constituted or deemed to be constituted by the plea or finding of guilty of the offence is quashed but shall revive if the conviction is reinstated upon further appeal. An amount agreed on under subsection (1) (a) must not be more than the amount calculated under section 8 (1) (a) . Before agreeing on an amount under subsection (1) (a) , the Minister must have regard to the matters mentioned in section 8 (1) (b) . Subsection (4) does not limit the matters to which the Minister may have regard. The Minister may delegate the Minister’s functions or powers under this section to the chief executive. s 6 amd 2000 No. 52 s 29 ; 2021 No. 20 s 56 (sec.6-ssec.1) A publicly funded superannuant who is convicted after the commencement of this Act of an offence that is a prescribed offence committed by the superannuant while the superannuant held a public office thereby incurs a liability to pay to the State— if the Minister and superannuant agree on the amount of the liability—the agreed amount; or otherwise—an amount the superannuant is ordered to pay under section 7 (2) . (sec.6-ssec.2) A liability incurred under subsection (1) no longer exists if, upon appeal, the conviction constituted or deemed to be constituted by the plea or finding of guilty of the offence is quashed but shall revive if the conviction is reinstated upon further appeal. (sec.6-ssec.3) An amount agreed on under subsection (1) (a) must not be more than the amount calculated under section 8 (1) (a) . (sec.6-ssec.4) Before agreeing on an amount under subsection (1) (a) , the Minister must have regard to the matters mentioned in section 8 (1) (b) . (sec.6-ssec.5) Subsection (4) does not limit the matters to which the Minister may have regard. (sec.6-ssec.6) The Minister may delegate the Minister’s functions or powers under this section to the chief executive. - (a) if the Minister and superannuant agree on the amount of the liability—the agreed amount; or - (b) otherwise—an amount the superannuant is ordered to pay under section 7 (2) .