Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 20

    (1)     This section applies if an offender is convicted or found guilty of an offence against a territory law in relation to stolen property.

    (2)     Before the court sentences the offender or makes a non-conviction order for the offender, the director of public prosecutions may apply to the court for 1 or more orders under this section.

    (3)     On application under subsection (2), or its own initiative, the court may make the following orders (each of which is a reparation order ):

        (a)     an order that a person having custody or possession of the stolen property restore it to someone entitled to recover it from the person;

        (b)     an order that the offender pay the value of the stolen property to a person who, if the stolen property were in the custody or possession of the offender, would be entitled to recover it from the offender.

Note     A reparation order may also be made under s 19 for the same offence (see s 111).

    (4)     If the court makes an order under subsection (3) (a), the court, on application under subsection (2), or its own initiative, may also make either or both the following orders (each of which is also a reparation order ):

        (a)     if the court considers that the offender has sold the property to a purchaser who was acting honestly—an order that the offender pay the purchaser an amount not exceeding the amount paid by the purchaser;

        (b)     if the court considers that the offender has borrowed money on the security of the property from a lender acting honestly—an order that the offender pay the lender an amount not exceeding the amount owed to the lender under the loan.

    (5)     This section is subject to chapter 7 (Reparation orders) and section 134 (Operation of ancillary and restitution orders).

    (6)     In this section:

"stolen property"—see the Criminal Code

, section 314 (Receiving—meaning of stolen property ).

Note     Under the Criminal Code

, stolen property includes tainted property. Tainted property is the proceeds of the sale of stolen property, or property that is exchanged for stolen property.