Document ID: chunk:federal_register_of_legislation:C2024C00861:section:83
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 83
Character Range: 225472–227817

83  Restitution orders
 (1) Where a person is convicted by a service tribunal of a service offence that involved the unlawful obtaining of property by the convicted person, the tribunal, instead of, or in addition to, imposing a punishment or making an order under subsection 75(1), may:
 (a) if the whole or any part of the property so unlawfully obtained is in the custody or control of the prosecution—order the property to be repaid or restored to the person appearing to the tribunal to be its owner; or
 (b) if any property (other than money) appearing to the tribunal to have been obtained by the conversion or exchange of any of the property so unlawfully obtained is in the custody or control of the prosecution—order the property to be delivered to the person appearing to the tribunal to be the owner of the property so unlawfully obtained.
 (2) Where:
 (a) a person is convicted by a service tribunal of a service offence that involved the unlawful obtaining of property by the convicted person;
 (b) it appears to the tribunal that:
 (i) some or all of the property so unlawfully obtained was given by the convicted person to another person in exchange for other property; and
 (ii) the other person did not know, at the time of the exchange, that the property received by the other person in the exchange had been unlawfully obtained; and
 (c) the whole or a part of the property given by the other person in the exchange is in the custody or control of the prosecution;
the service tribunal may order that, on the restitution by the other person of the property received by the other person in the exchange to the person appearing to the tribunal to be its owner, the property in the custody or control of the prosecution be restored to the other person.
 (3) This section applies in relation to a service offence that has been taken into consideration by a service tribunal under section 77 in determining the appropriate punishment for a service offence of which a person has been convicted by the tribunal as if the tribunal had convicted the person of the service offence so taken into consideration.
 (4) Nothing in this section affects any right that a person may have to recover any property delivered or paid in pursuance of an order under this section from the person to whom the property has been so delivered or paid.