59Commissioner’s discretion to make provisional order for restitution by offender

#### 59 Commissioner’s discretion to make provisional order for restitution by offender 59 Commissioner’s discretion to make provisional order for restitution by offender > > (1) If the Commissioner is of the opinion that, before or after an approval for the giving of financial support or making of a recognition payment is given, a person has been convicted of a relevant offence, the Commissioner may make an order for restitution against the person. > > > (2) An order may not be made against a person if— > > > > > (a) 2 years or more have elapsed since— > > > > > > > (i) the end of the period in which a claim may be made under an application for victims support under section 40 (6), or > > > > > > > (ii) the date on which the person was convicted of the relevant offence, > > > > > > whichever is the later, or > > > > > (b) civil proceedings have been commenced or are being maintained against the person, by or on behalf of the State, in respect of an action for damages arising from substantially the same facts as those on which the relevant approval was based. > > **s 59:** Am 2017 No 6, Sch 2 \[7\] \[8\].