71Commissioner must decide whether to take recovery

71 Commissioner must decide whether to take recovery action etc (1) The commissioner must, as far as practicable, recover a recoverable amount from an offender who is liable to pay the amount. Example The commissioner does not consider recovery action in a particular case to carry a reasonable prospect of success because the offender is impecunious. It is not practicable for the commissioner to recover a recoverable amount from the offender. (2) If 2 or more offenders have been convicted or found guilty of a recompensed offence, each of the offenders is jointly and severally liable under this part. (3) If 2 or more offenders have been convicted or found guilty of a recompensed offence, the commissioner may apportion the amount each offender must pay to the Territory.

(4) If the commissioner decides to recover a recoverable amount from an offender, the commissioner must decide whether the amount should be reduced in accordance with subsection (5). (5) In deciding whether a recoverable amount should be reduced, the commissioner must take into account the amount of any repayment by the assisted person under part 5 (Repayment of financial assistance and funeral expenses by assisted person).