sec.8Factors relevant to assessment of liability

### sec.8 Factors relevant to assessment of liability In assessing the quantum of liability incurred by a convicted person under section 6 (1) — the quantum of liability shall not exceed the difference between— the commutation value of the whole of the convicted person’s superannuation or retirement benefits at the time of the person’s retirement or cessation of employment (assessed in accordance with the appropriate provisions of the relevant superannuation scheme or, if the relevant superannuation scheme does not include such appropriate provisions, in accordance with actuarial principles), being the benefits that have accrued in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted, together with interest thereon for the prescribed period; and the amount of contributions paid by the convicted person to the relevant superannuation scheme constituted as required by subsection (2) , being the contributions that have been paid in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted; without limiting the matters that a judge may consider relevant to such assessment of liability, a judge may have regard to the following matters and to such evidence as is before the judge concerning those matters— the proportion borne by the length of the convicted person’s service in public office before the person first committed an offence by reference to which the person has incurred the liability to the length of the person’s total service in public office; the nature of the offence or offences upon conviction of which the convicted person has incurred the liability and the degree of corruption evidenced by that offence or those offences; the value of the gain to any person from the offence or offences upon conviction of which the convicted person has incurred the liability; the degree of hardship likely to be occasioned by the convicted person’s complying with an order made under section 7 (2) to the convicted person’s spouse or dependant (if any) who satisfies the judge that she or he was not aware of the conduct that has resulted in the convicted person’s incurring the liability. The amount of contributions mentioned in subsection (1) (a) includes— if the superannuation scheme to which the contributions were paid provides for the payment of interest on a refund of contributions—the interest accumulated on the convicted person’s contributions to the day of the convicted person’s retirement or cessation of employment; or subject to paragraph (c) , if the superannuation scheme to which the contributions have been paid provides for payment of an amount that exceeds the amount of the contributions if a person ceases to be a contributor (other than because of death) and is not entitled to a pension or other superannuation benefit under the scheme—the amount of the excess; or if the contributions have been paid to the superannuation scheme under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act—an amount that is 1 1 / 6 times the amount of the contributions. The amount of contributions mentioned in subsection (1) (a) also includes interest for the prescribed period on— the amount; and the interest or excess mentioned in subsection (2) (a) or (b) ; and the amount first mentioned in subsection (2) (c) . In this section— contributions include deductions made from salary in respect of the convicted person for the purposes of a superannuation scheme. hardship includes— hardship to the spouse or dependant of the convicted person during the convicted person’s lifetime; and hardship to the spouse or dependant of the convicted person consisting in the loss of entitlement to superannuation or retirement benefits to which the spouse or dependant would have been entitled on the convicted person’s death if the convicted person had not been convicted of a prescribed offence. prescribed period means the period starting on the day after the day of the convicted person’s retirement or cessation of employment and ending on the day the order is made under section 7 (2) . s 8 amd 1993 No. 44 s 5 ; 2000 No. 52 s 30 ; 2007 No. 7 s 33 ; 2016 No. 64 s 79 sch 1 (sec.8-ssec.1) In assessing the quantum of liability incurred by a convicted person under section 6 (1) — the quantum of liability shall not exceed the difference between— the commutation value of the whole of the convicted person’s superannuation or retirement benefits at the time of the person’s retirement or cessation of employment (assessed in accordance with the appropriate provisions of the relevant superannuation scheme or, if the relevant superannuation scheme does not include such appropriate provisions, in accordance with actuarial principles), being the benefits that have accrued in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted, together with interest thereon for the prescribed period; and the amount of contributions paid by the convicted person to the relevant superannuation scheme constituted as required by subsection (2) , being the contributions that have been paid in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted; without limiting the matters that a judge may consider relevant to such assessment of liability, a judge may have regard to the following matters and to such evidence as is before the judge concerning those matters— the proportion borne by the length of the convicted person’s service in public office before the person first committed an offence by reference to which the person has incurred the liability to the length of the person’s total service in public office; the nature of the offence or offences upon conviction of which the convicted person has incurred the liability and the degree of corruption evidenced by that offence or those offences; the value of the gain to any person from the offence or offences upon conviction of which the convicted person has incurred the liability; the degree of hardship likely to be occasioned by the convicted person’s complying with an order made under section 7 (2) to the convicted person’s spouse or dependant (if any) who satisfies the judge that she or he was not aware of the conduct that has resulted in the convicted person’s incurring the liability. (sec.8-ssec.2) The amount of contributions mentioned in subsection (1) (a) includes— if the superannuation scheme to which the contributions were paid provides for the payment of interest on a refund of contributions—the interest accumulated on the convicted person’s contributions to the day of the convicted person’s retirement or cessation of employment; or subject to paragraph (c) , if the superannuation scheme to which the contributions have been paid provides for payment of an amount that exceeds the amount of the contributions if a person ceases to be a contributor (other than because of death) and is not entitled to a pension or other superannuation benefit under the scheme—the amount of the excess; or if the contributions have been paid to the superannuation scheme under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act—an amount that is 1 1 / 6 times the amount of the contributions. (sec.8-ssec.3) The amount of contributions mentioned in subsection (1) (a) also includes interest for the prescribed period on— the amount; and the interest or excess mentioned in subsection (2) (a) or (b) ; and the amount first mentioned in subsection (2) (c) . (sec.8-ssec.4) In this section— contributions include deductions made from salary in respect of the convicted person for the purposes of a superannuation scheme. hardship includes— hardship to the spouse or dependant of the convicted person during the convicted person’s lifetime; and hardship to the spouse or dependant of the convicted person consisting in the loss of entitlement to superannuation or retirement benefits to which the spouse or dependant would have been entitled on the convicted person’s death if the convicted person had not been convicted of a prescribed offence. prescribed period means the period starting on the day after the day of the convicted person’s retirement or cessation of employment and ending on the day the order is made under section 7 (2) . - (a) the quantum of liability shall not exceed the difference between— (i) the commutation value of the whole of the convicted person’s superannuation or retirement benefits at the time of the person’s retirement or cessation of employment (assessed in accordance with the appropriate provisions of the relevant superannuation scheme or, if the relevant superannuation scheme does not include such appropriate provisions, in accordance with actuarial principles), being the benefits that have accrued in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted, together with interest thereon for the prescribed period; and (ii) the amount of contributions paid by the convicted person to the relevant superannuation scheme constituted as required by subsection (2) , being the contributions that have been paid in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted; - (i) the commutation value of the whole of the convicted person’s superannuation or retirement benefits at the time of the person’s retirement or cessation of employment (assessed in accordance with the appropriate provisions of the relevant superannuation scheme or, if the relevant superannuation scheme does not include such appropriate provisions, in accordance with actuarial principles), being the benefits that have accrued in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted, together with interest thereon for the prescribed period; and - (ii) the amount of contributions paid by the convicted person to the relevant superannuation scheme constituted as required by subsection (2) , being the contributions that have been paid in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted; - (b) without limiting the matters that a judge may consider relevant to such assessment of liability, a judge may have regard to the following matters and to such evidence as is before the judge concerning those matters— (i) the proportion borne by the length of the convicted person’s service in public office before the person first committed an offence by reference to which the person has incurred the liability to the length of the person’s total service in public office; (ii) the nature of the offence or offences upon conviction of which the convicted person has incurred the liability and the degree of corruption evidenced by that offence or those offences; (iii) the value of the gain to any person from the offence or offences upon conviction of which the convicted person has incurred the liability; (iv) the degree of hardship likely to be occasioned by the convicted person’s complying with an order made under section 7 (2) to the convicted person’s spouse or dependant (if any) who satisfies the judge that she or he was not aware of the conduct that has resulted in the convicted person’s incurring the liability. - (i) the proportion borne by the length of the convicted person’s service in public office before the person first committed an offence by reference to which the person has incurred the liability to the length of the person’s total service in public office; - (ii) the nature of the offence or offences upon conviction of which the convicted person has incurred the liability and the degree of corruption evidenced by that offence or those offences; - (iii) the value of the gain to any person from the offence or offences upon conviction of which the convicted person has incurred the liability; - (iv) the degree of hardship likely to be occasioned by the convicted person’s complying with an order made under section 7 (2) to the convicted person’s spouse or dependant (if any) who satisfies the judge that she or he was not aware of the conduct that has resulted in the convicted person’s incurring the liability. - (i) the commutation value of the whole of the convicted person’s superannuation or retirement benefits at the time of the person’s retirement or cessation of employment (assessed in accordance with the appropriate provisions of the relevant superannuation scheme or, if the relevant superannuation scheme does not include such appropriate provisions, in accordance with actuarial principles), being the benefits that have accrued in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted, together with interest thereon for the prescribed period; and - (ii) the amount of contributions paid by the convicted person to the relevant superannuation scheme constituted as required by subsection (2) , being the contributions that have been paid in respect of the period of the convicted person’s employment in which the person was engaged when the person committed the prescribed offence or offences of which the person has been convicted; - (i) the proportion borne by the length of the convicted person’s service in public office before the person first committed an offence by reference to which the person has incurred the liability to the length of the person’s total service in public office; - (ii) the nature of the offence or offences upon conviction of which the convicted person has incurred the liability and the degree of corruption evidenced by that offence or those offences; - (iii) the value of the gain to any person from the offence or offences upon conviction of which the convicted person has incurred the liability; - (iv) the degree of hardship likely to be occasioned by the convicted person’s complying with an order made under section 7 (2) to the convicted person’s spouse or dependant (if any) who satisfies the judge that she or he was not aware of the conduct that has resulted in the convicted person’s incurring the liability. - (a) if the superannuation scheme to which the contributions were paid provides for the payment of interest on a refund of contributions—the interest accumulated on the convicted person’s contributions to the day of the convicted person’s retirement or cessation of employment; or - (b) subject to paragraph (c) , if the superannuation scheme to which the contributions have been paid provides for payment of an amount that exceeds the amount of the contributions if a person ceases to be a contributor (other than because of death) and is not entitled to a pension or other superannuation benefit under the scheme—the amount of the excess; or - (c) if the contributions have been paid to the superannuation scheme under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act—an amount that is 1 1 / 6 times the amount of the contributions. - (a) the amount; and - (b) the interest or excess mentioned in subsection (2) (a) or (b) ; and - (c) the amount first mentioned in subsection (2) (c) . - (a) hardship to the spouse or dependant of the convicted person during the convicted person’s lifetime; and - (b) hardship to the spouse or dependant of the convicted person consisting in the loss of entitlement to superannuation or retirement benefits to which the spouse or dependant would have been entitled on the convicted person’s death if the convicted person had not been convicted of a prescribed offence.