Section sec.187 - Victims of Crime Assistance Act 2009 - No recovery if relevant agreement in force

sec.187No recovery if relevant agreement in force

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### sec.187 No recovery if relevant agreement in force The State can not, under this subdivision, recover an amount from a person if the State has entered into an agreement with the person for the payment of the amount to the State, and the agreement is still in force. The State can not, under this subdivision, recover from a person an amount paid by the State in relation to an order mentioned in section 185(1)(a) or (b) if— the person against whom the order was made ( offender ) and the person in whose favour the order was made ( victim ) have entered into an agreement for the payment of the amount to the victim by the offender; and the agreement is still in force. See the relevant subrogation provision for the State’s subrogation rights in relation to the agreement. Subsection (1) or (2) applies whether the agreement was entered into before or after the commencement. (sec.187-ssec.1) The State can not, under this subdivision, recover an amount from a person if the State has entered into an agreement with the person for the payment of the amount to the State, and the agreement is still in force. (sec.187-ssec.2) The State can not, under this subdivision, recover from a person an amount paid by the State in relation to an order mentioned in section 185(1)(a) or (b) if— the person against whom the order was made ( offender ) and the person in whose favour the order was made ( victim ) have entered into an agreement for the payment of the amount to the victim by the offender; and the agreement is still in force. See the relevant subrogation provision for the State’s subrogation rights in relation to the agreement. (sec.187-ssec.3) Subsection (1) or (2) applies whether the agreement was entered into before or after the commencement. - (a) the person against whom the order was made ( offender ) and the person in whose favour the order was made ( victim ) have entered into an agreement for the payment of the amount to the victim by the offender; and - (b) the agreement is still in force.