VICIn ForceAct
Sentencing Act 1991
85MEnforcement of order
Start here
Get a plain-English read of 85M
Turn the raw legal text into a practical explanation grounded in Sentencing Act 1991.
85M Enforcement of order
Subject to section 30 or section 36ZA of the **Confiscation Act 1997**, a compensation order, including costs ordered to be paid by the offender on the proceeding for that order, must be taken to be a judgment debt due by the offender to the person in whose favour the order is made and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made.
Pt 4 Div. 2 Subdiv. (2) (Heading) inserted by No. 54/2000 s. 21, amended by No. 38/2017 s. 93.
Subdivision (2)—Compensation for property loss
S. 86AA inserted by No. 49/2012 s. 6.
86AA Court to ask if application for compensation order will be made
(1) If a court finds a person guilty of, or convicts a person of, an offence and evidence is presented in a proceeding for the offence that loss or destruction of, or damage to, property has occurred as a result of the offence, the court must ask the prosecution whether an application will be made for a compensation order under section 86 in respect of the loss, destruction or damage.
(2) To avoid doubt, a person is not prevented from making an application for a compensation order under section 86 merely because the court has not taken the action referred to in subsection (1).