7ARecovery from offender

### 7A Recovery from offender > *\[Section 7A Inserted by No. 94 of 1984, s. 3 \]* > > > (1)  In this section, a reference to an award includes a reference to an interim award under [section 5](#GS5@EN) [(6)](#GS5@Gs6@EN) . > > > (2)  [*\[Section 7A Subsection (2) amended by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpa@EN) [*\[Section 7A Subsection (2) amended by No. 23 of 2005, s. 10, Applied:24 Jun 2005\]*](/view/html/inforce/2005-06-24/act-2005-023#GS10@EN) [*\[Section 7A Subsection (2) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc17@EN) Where– > > > > > > (a) an award is made under this Act; and > > > > > > > (b) an offender is convicted of an offence in respect of the criminal conduct which led to an application for the award being made– > > > > the Commissioner is to make a provisional order directing the offender to pay to the Crown the whole of the compensation awarded. > > > (3)  [*\[Section 7A Subsection (3) amended by No. 10 of 2001, Sched. 1, Applied:24 Oct 2001\]*](/view/html/inforce/2001-10-24/act-2001-010#JS1@JT@tr@oc18@EN) [*\[Section 7A Subsection (3) substituted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) The Commissioner must serve notice of a provisional order on the offender. > > > (4)  [*\[Section 7A Subsection (4) substituted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) An offender may, within 28 days after being served with notice of a provisional order, object to the order by sending a notice of objection to the address provided. > > > (4A)  [*\[Section 7A Subsection (4A) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) If the offender does not send a notice of objection, the provisional order is to be confirmed by the Commissioner. > > > (4B)  [*\[Section 7A Subsection (4B) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) Notice of a provisional order is to – > > > > > > (a) set out the terms of the order; and > > > > > > > (b) specify the date on which the award of compensation was made and the facts on which the award was based; and > > > > > > > (c) specify the crime to which the order relates; and > > > > > > > (d) state that the offender has 28 days in which to object to the order; and > > > > > > > (e) state that, if the offender does not object within the time stated, the order will be confirmed by the Commissioner and will become a fine payable under the [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) ; and > > > > > > > (f) state that, if the offender sends a notice of objection to the address provided within 28 days, the Commissioner will hear the offender as to why the order should not be confirmed; and > > > > > > > (g) contain any other particulars that may be prescribed by regulation. > > > (4C)  [*\[Section 7A Subsection (4C) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) A notice of objection must be in writing and must include a statement of the grounds of objection on which the defendant intends to rely. > > > (4D)  [*\[Section 7A Subsection (4D) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) The Commissioner may confirm a provisional order without hearing the offender if satisfied that the offender has not sent a notice of objection within 28 days after notice of the provisional order was duly served on the defendant. > > > (4E)  [*\[Section 7A Subsection (4E) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) If the offender files a notice of objection, the Commissioner must hear the offender before deciding whether the provisional order should be confirmed, varied or revoked. > > > (4F)  [*\[Section 7A Subsection (4F) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) The Commissioner may confirm or vary a provisional order if satisfied that the offender has been convicted of an offence in respect of the criminal conduct which led to an application for the award of compensation being made. > > > (4G)  [*\[Section 7A Subsection (4G) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) If the Commissioner confirms or varies a provisional order under this section, the order becomes a fine payable under the [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) . > > > (4H)  [*\[Section 7A Subsection (4H) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) The Commissioner may, when varying a provisional order, reduce the amount to be paid under the order having regard to – > > > > > > (a) the financial means of the offender; and > > > > > > > (b) any other matters that the Commissioner considers to be relevant. > > > (4I)  [*\[Section 7A Subsection (4I) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) The Commissioner must revoke a provisional order if he or she is not satisfied that the offender has been convicted of an offence in respect of the criminal conduct which led to an application for the award of compensation being made. > > > (4J)  [*\[Section 7A Subsection (4J) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) The Commissioner is to provide a sealed copy of a confirmed or varied order by electronic means to the Director, Monetary Penalties Enforcement Service. > > > (4K)  [*\[Section 7A Subsection (4K) inserted by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpb@EN) A sealed copy of a confirmed or varied order provided under [subsection (4J)](#GS7A@Gs4J@EN) is to include the following: > > > > > > (a) the offender's full name and date of birth; > > > > > > > (b) the offender's residential or postal address; > > > > > > > (c) the amount of the order; > > > > > > > (d) the date the order takes effect. > > > (5)  [*\[Section 7A Subsection (5) amended by No. 13 of 2012, s. 63, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS63@Hpc@EN) *\[Section 7A Subsection (5) amended by No. 15 of 1993, s. 5 \]*Any amount recovered under this section is to be paid into the Fund. > > > (6)  Where – > > > > > > (a) an offender charged with an offence pleads guilty to, or is found guilty of, that offence; or > > > > > > > (b) a finding is made in respect of the offence that the charge has been proved – > > > > that offender is deemed, for the purposes of this section, to have been convicted of that offence, notwithstanding that the court hearing the matter does not proceed, or does not proceed immediately, to conviction.