Victorian Current Acts Victorian Current Acts(1) If a court receives an application under section 83E and is satisfied that section 83E(1)(a), 83E(1)(b) or 83E(1)(c) applies in respect of the relevant offence, the court may make a superannuation order if the court considers that having regard, as far as is practicable, to the matters specified in subsection (2) it is appropriate to do so.
(2) The matters are—
(a) the financial circumstances of the offender, including any other order that the court or any other court has made or proposes to make—
(i) providing for the forfeiture of the offender's property or the automatic forfeiture of the offender's property by operation of law; or
(ii) requiring the offender to make restitution or pay compensation;
(b) the nature of the burden that the making of the superannuation order will impose and the degree of hardship likely to result from the making of the superannuation order on the offender or his or her spouse, domestic partner or dependants;
(c) whether the administrators of a relevant superannuation scheme have been served with—
(i) a superannuation agreement which provides for a payment split; or
(ii) a flag lifting agreement which provides for a payment split; or
(iii) a splitting order—
under Part VIIIB of the Family Law Act 1975 of the Commonwealth and the non‑member spouse's entitlements in respect of the superannuation interest in the superannuation benefit of the offender have not been satisfied as at the relevant date;
(d) the length of the period of service by the offender as a public sector employee before the offender committed the relevant offence;
(e) the length of any period of membership of a relevant superannuation scheme during which the offender was not a public sector employee;
(f) the nature and gravity of the relevant offence.
(3) If the court imposes a superannuation order, the court in determining the amount to be paid by the offender under the superannuation order—
(a) must have regard to the matters referred to in subsection (2); and
(b) must not determine an amount which exceeds the total of the residual employer financed components of the superannuation benefits under the relevant superannuation schemes.
S. 83G inserted by No. 65/2004 s. 3.