65Restitution order

### 65 Restitution order > > (1)  If goods are stolen and a person is found guilty or convicted of an offence connected with the theft, whether or not stealing is the gist of the offence, the court may make an order – > > > > > > (a) that the person who has possession or control of the stolen goods restore them to the person entitled to them; or > > > > > > > (b) that the offender deliver or transfer to another person goods that directly or indirectly represent the stolen goods (that is, goods that are the proceeds of any disposal or realisation of the whole or part of the stolen goods or of goods so representing them); or > > > > > > > (c) that a sum not exceeding the value of the stolen goods be paid to another person out of money taken from the offender's possession on arrest if the court is satisfied that the money so taken belongs to the offender. > > > (2)  An order under [subsection (1)(b)](#GS65@Gs1@Hpb@EN) or [(c)](#GS65@Gs1@Hpc@EN) may only be made in favour of a person who, if the stolen goods were in the offender's possession, would be entitled to recover them from the offender. > > > (3)  The court may make an order under both [subsection (1)(b)](#GS65@Gs1@Hpb@EN) and [(c)](#GS65@Gs1@Hpc@EN) if the person in whose favour the order is made does not thereby recover more than the value of the stolen goods. > > > (4)  If the court makes an order under [subsection (1)(a)](#GS65@Gs1@Hpa@EN) against a person and it appears to the court that that person in good faith bought the stolen goods from, or loaned money on the security of the stolen goods to, the offender, the court may, on the application of that person, order that a sum not exceeding the purchase price or the amount loaned, as the case requires, be paid to that person out of money taken from the offender's possession on arrest if the court is satisfied that the money so taken belongs to the offender. > > > (5)  An order under this section may be made by the court – > > > > > > (a) on its own motion; or > > > > > > > (b) on an application made – > > > > > > > > > > (i) by a person in whose favour the order is sought; or > > > > > > > > > > > (ii) on that person's behalf by the DPP, if the sentencing court was the Supreme Court, or the complainant or police prosecutor, if the sentencing court was a court of petty sessions. > > > (6)  An application under [subsection (5)(b)](#GS65@Gs5@Hpb@EN) is to be made as soon as practicable after the offender is found guilty or convicted of an offence. > > > (7)  A court may exercise its powers under this section if the facts sufficiently appear from any evidence or material presented to the court, or from the available documents, together with admissions made by or on behalf of any person in connection with the proposed exercise of the powers. > > > (8)  In [subsection (7)](#GS65@Gs7@EN) , > > > > > ***the available documents*** means – > > > > > > > > (a) any written statements or admissions that were made for use, and would have been admissible, as evidence on the hearing of the charge; or > > > > > > > > > (b) the depositions taken at the committal proceeding; or > > > > > > > > > (c) any written statements or admissions used as evidence in the committal proceeding. > > > (9)  References in this section to goods include references to a motor vehicle. > > > (10)  References in this section to stealing or theft are taken to be references to offences contained in [Chapters XXIV](/view/html/inforce/2026-04-12/act-1924-069#JS1@HPVI@HcXXIV@EN) , [XXV](/view/html/inforce/2026-04-12/act-1924-069#JS1@HPVI@HcXXV@EN) , [XXVI](/view/html/inforce/2026-04-12/act-1924-069#JS1@HPVI@HcXXVI@EN) , [XXVII](/view/html/inforce/2026-04-12/act-1924-069#JS1@HPVI@HcXXVII@EN) and [XXIX of the](/view/html/inforce/2026-04-12/act-1924-069#JS1@HPVI@HcXXIX@EN) [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) .