Court may make particular orders
258 Court may make particular orders
This section applies if a court convicts a person of a prescribed offence.
The court may, on application by the prosecution, make either or both of the following orders against the defendant—
a rehabilitation or restoration order;
a monetary benefit order.
Subsection (4) applies if the court finds that, because of the act or omission constituting the offence, another person has—
suffered a reduction in the value of, or damage to, property; or
incurred costs or expenses in replacing or repairing property, or in preventing or minimising, or attempting to prevent or minimise, a reduction or damage mentioned in paragraph (a).
In addition to any order the court makes under subsection (2), the court may, on application by the prosecution, order the defendant to pay to the other person an amount of compensation the court considers appropriate for the reduction or damage suffered, or costs or expenses incurred.
An order under this section must state the period within which the order must be complied with.
This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or any other law.
In this section—
monetary benefit order means an order requiring the person against whom it is made to pay an amount to the chief executive representing any financial or other benefit the person has received because of the act or omission constituting the offence in relation to which the order is made.
prescribed offence means an offence against section 53(2), 57(2) or (3), 58(2), (3) or (4), 60(2), (4) or (6), 61(2) or (3), 69(2), 72(1), 73A(2), 73B(1) or (2), 101, 104(1), 158(1) or (2), 173K(2), 264(1) or (2), 265(1), 265A(2), 296(1) or 297(1).
rehabilitation or restoration order means an order requiring the person against whom it is made to take stated action to rehabilitate or restore the land that was adversely affected because of the act or omission constituting the offence in relation to which the order is made.
This provision refers to the regulations (prescribed offence
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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