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, 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 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, 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].