45Payments may be applied towards liability for restitution under Part 5

#### 45 Payments may be applied towards liability for restitution under Part 5 45 Payments may be applied towards liability for restitution under Part 5 > > (1) If financial support or a recognition payment is payable to a person who is also liable for payment of a restitution amount, the Commissioner may authorise the amount payable, or any part of that amount, to be applied towards discharging the person’s liability for the restitution amount. > > > (2) Any amount that the Commissioner authorises to be applied towards discharging the person’s liability for a restitution amount is a set-off amount. > > > (3) When a set-off amount is applied towards discharging a person’s liability for a restitution amount, the person is taken to have been paid financial support or a recognition payment to the extent of the set-off amount. > > > (4) If the restitution amount has been referred to the Commissioner of Fines Administration for the making of a court fine enforcement order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099), the set-off amount— > > > > > (a) is to be paid to the Commissioner of Fines Administration, and > > > > > (b) is taken to be an amount recovered from the person under a court fine enforcement order made under that Act. > > > > Note. > > > > Section 112K of the [Fines Act 1996](/view/html/inforce/current/act-1996-099) provides that amounts recovered under the court fine enforcement order are to be applied firstly towards enforcement costs payable under the order and secondly towards payment of the restitution amount. > > > (5) If the restitution amount has not been referred to the Commissioner of Fines Administration for the making of a court fine enforcement order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099), the person is taken to have paid the restitution amount to the extent of the set-off amount. > > > (6) In this section— > > > > restitution amount means an amount payable under a confirmed order within the meaning of Part 5. > > **s 45:** Subst 2017 No 6, Sch 2 \[4\].