Sentencing Amendment Act 2006

1: Title
This Act is the Sentencing Amendment Act 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Sentencing Act 2002
4: New sections 145A to 145D inserted
The following sections are inserted after section 145
145A: Manner in which amounts of reparation must be applied in cases involving same offence
1: This section applies if a person (the liable person
2: Any payments received from the liable person must be applied, as between the persons in whose favour the sentence of reparation or order of reparation (or both) was made, in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them under the sentence or order (or both or if there was no such order, in equal amounts).
3: Subsection (2)
145B: Manner in which amounts of reparation must be applied in cases involving different offences
1: This section applies—
a: if a person (the liable person
b: if the liable person is later required to pay an amount of reparation to another person or other persons in relation to another offence; and
c: if both the amounts referred to in paragraphs (a) and (b)
d: whether the requirements to pay the amounts referred to in paragraphs (a) and (b)
2: For the purpose of subsection (1) subsection (1)(b) subsection (1)(a)
3: Any payments received from the liable person must, in respect of 1 or more sentences of reparation or orders of reparation (or both) imposed on the same day in respect of different offences committed by the liable person, be applied (in accordance with section 145A
a: as between the persons in whose favour the sentences of reparation or orders of reparation (or both) were made; and
b: in the proportion that reflects the relative total or proportionate amounts ordered to be paid to each of them under the sentences or orders (or both).
4: Any payments received from the liable person must, in respect of sentences of reparation or orders of reparation (or both) imposed on the liable person on different days, be applied (in accordance with section 145A or subsection (3)
5: After the amount of reparation referred to in subsection (4) section 145A or subsection (3)
6: This section applies subject to any contrary direction by a court.
145C: No Crown liability for error, etc, in applying payments of amounts of reparation
The Crown is not liable to any person for any error, omission, or delay in applying any payment of an amount of reparation in accordance with section 145A or section 145B
145D: Definitions for sections 145A to 145C
In sections 145A to 145C amount of reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under any order of reparation order of reparation
a: an order made under section 106, section 108, or section 110
b: an order made in respect of a child, or any parent or guardian of that child, under section 84(1)(b) of the Children, Young Persons, and Their Families Act 1989
c: an order made in respect of a young person, or any parent or guardian of that young person, under section 283(f) or (g) of the Children, Young Persons, and Their Families Act 1989
d: an order that—
i: requires the payment of any amount as compensation or restitution to the victim of an offence against any enactment; and
ii: is declared by the Governor-General, by Order in Council, to be an order of reparation for the purposes of sections 145A to 145C