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CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 2005) - SECT 112

Reparation orders—Confiscation of Criminal Assets Act

    (1)     The court must not order the offender to make reparation to a person only because the person's property is subject to a restraining order or forfeiture order under the Confiscation of Criminal Assets Act 2003 (the Confiscation Act ).

    (2)     The court cannot make a reparation order in relation to property that has been restrained or forfeited under the Confiscation Act.

Note     For applications by a person with an interest in restrained property, or who had an interest in forfeited property, for the property's return or for compensation, see the Confiscation Act, pt 6 and div 9.5.

    (3)     In this section:

"restrained"—property that has been "restrained" under the Confiscation Act includes—

        (a)     property in relation to which an application for a restraining order has been made under that Act; and

        (b)     property in relation to which an application for a conviction forfeiture order has been made under that Act; and

        (c)     property subject to forfeiture under that Act.



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