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Victims of Crime (Financial Assistance) Act 2016
74Recovery intention notice
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74 Recovery intention notice
(1) This section applies if the commissioner—
(a) has complied with section 73; and
(b) is satisfied on reasonable grounds that, in all the circumstances,
recovery action is still practicable and appropriate.
(2) The commissioner must, as soon as practicable, give the offender
written notice (a recovery intention notice) of the commissioner’s
intention to recover a recoverable amount from the offender.
(3) A recovery intention notice must state the following:
(a) that the offender has been convicted or found guilty of a
recompensed offence;
(b) that a person has received financial assistance, or a funeral
expense payment, in relation to the offence;
(c) that the offender is liable under this Act to pay the Territory a
recoverable amount for the offence, and that the commissioner
intends giving the offender a recovery notice for the amount;
(d) the recoverable amount;
(e) that the offender may object to recovery action against the
offender in accordance with subsections (3) and (4);
(f) any other matter the commissioner considers relevant.
(4) The offender may, within 28 days after the day the recovery intention
notice is given to the offender, object to recovery action against the
offender on the grounds that—
(a) the offender is not the person who is liable for the recoverable
amount; or
(b) the commissioner has not taken into account that the offender
has made, or is required to make, a payment in relation to the
recompensed offence in accordance with a court order.
(5) An objection under subsection (3) must be in writing and include any
facts relied on by the offender in support of the objection.