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s 78

Arrangement for payment of recoverable amount

In force
Part 6Recovery from offender

78 Arrangement for payment of recoverable amount

(1)

This section applies if the commissioner believes on reasonable grounds that timely recovery under this part of a recoverable amount for a recompensed offence is unlikely because of the financial circumstances of the offender.

(2)

The commissioner may make an arrangement with the offender to—

(a)

pay the recoverable amount in instalments; or

(b)

pay an agreed amount (the agreed recoverable amount) as a lump sum or in instalments.

(3)

An arrangement under subsection (2) may include conditions that the commissioner believes on reasonable grounds are appropriate for ensuring timely recovery of the recoverable amount.

(4)

The offender’s payment of an agreed recoverable amount for a relevant offence discharges the offender from liability to pay the recoverable amount under section 77 (Recovery notice) for the relevant offence.

(5)

However, an amount stated in an arrangement under subsection (2) is, to the extent that the amount is unpaid under the conditions of the arrangement, a debt due to the Territory.

Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177).

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