Barrister AI
All legislation
ACTAct
In force
This is the latest official compilation.Check the official source →
s 71

Commissioner must decide whether to take recovery action etc

In force
Part 6Recovery from offender

71 Commissioner must decide whether to take recovery action etc

(1)

The commissioner must, as far as practicable, recover a recoverable amount from an offender who is liable to pay the amount.

Example

The commissioner does not consider recovery action in a particular case to carry a reasonable prospect of success because the offender is impecunious. It is not practicable for the commissioner to recover a recoverable amount from the offender.

(2)

If 2 or more offenders have been convicted or found guilty of a recompensed offence, each of the offenders is jointly and severally liable under this part.

(3)

If 2 or more offenders have been convicted or found guilty of a recompensed offence, the commissioner may apportion the amount each offender must pay to the Territory.

(4)

If the commissioner decides to recover a recoverable amount from an offender, the commissioner must decide whether the amount should be reduced in accordance with subsection (5).

(5)

In deciding whether a recoverable amount should be reduced, the commissioner must take into account the amount of any repayment by the assisted person under part 5 (Repayment of financial assistance and funeral expenses by assisted person).

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.