Document ID: chunk:federal_register_of_legislation:C2016C00749:section:23
Version: federal_register_of_legislation:C2016C00749
Segment Type: section
Provision Reference: s 23
Character Range: 34558–36216

23  Superannuation orders: revocation
 (1) A superannuation order made in relation to a person is to be taken to have been revoked if:
 (a) the person's conviction is quashed; or
 (b) the person's sentence is so reduced or otherwise changed that it would no longer support the making of an application for a superannuation order under subsection 17(1A); or
 (c) where the person is taken to be convicted because of paragraph 6(1)(b)—the person is brought before a court in respect of the offence concerned and, having been convicted of that offence, does not receive a sentence that would support the making of an application for a superannuation order under subsection 17(1A).
 (2) Where a superannuation order is taken to have been revoked, the DPP must give written notice of the fact to:
 (a) the person in respect of whom the order was made; and
 (b) the person's superannuation authority.
 (3) Where:
 (a) a superannuation order is made in relation to a person who is taken to be convicted because of paragraph 6(1)(b); and
 (b) the superannuation order is to be taken to have been revoked;
there is payable to the person an amount determined by the Finance Minister, being an amount that the Minister considers to be a fair recompense to the person, having regard to:
 (c) any amount paid to the person under subsection 21(4) or (5); and
 (d) any amount recovered from the person under a recovery order against the person; and
 (e) any other financial loss sustained by the person as a result of the superannuation order; and
 (f) any other matters that the Minister thinks are relevant in the circumstances of the case.

Part 3—Restraining orders