CRIMES ACT 1914

Part IB - Sentencing, imprisonment and release of federal offenders  

Division 10 - Miscellaneous  

SECTION 21B   Reparation for offences  

(1)  
Where:


(a) a person is convicted of an offence against the law of the Commonwealth; or


(b) an order is made under section 19B in relation to a federal offence committed by a person;

the court may, in addition to the penalty, if any, imposed upon the person, order the offender:


(c) to make reparation to the Commonwealth or to a public authority under the Commonwealth, by way of money payment or otherwise, in respect of any loss suffered, or any expense incurred, by the Commonwealth or the authority, as the case may be, by reason of the offence; or


(d) to make reparation to any person, by way of money payment or otherwise, in respect of any loss suffered, or any expense incurred, by the person by reason of the offence.

(2)  
A person is not to be imprisoned for a failure to pay an amount required to be paid under an order made under subsection (1).

(3)  
Where:


(a) the court orders a federal offender to make reparation to the Commonwealth, to a public authority of the Commonwealth or to any other person by way of payment of an amount of money; and


(b) the clerk, or other appropriate officer, of the court signs a certificate specifying:


(i) the amount of money to be paid by way of reparation; and

(ii) the identity of the person to whom the amount of money is to be paid; and

(iii) the identity of the person by whom the amount is to be paid; and


(c) the certificate is filed in a court (which may be the first-mentioned court) having civil jurisdiction to the extent of the amount to be paid;

the certificate is enforceable in all respects as a final judgment of the court in which it is filed in favour of the Commonwealth, of that public authority or of that person.


 

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