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The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

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216 s.663~ CRIMINAL CODE<br />

(iii) the offender has not been convicted on an indictment<br />

presented in relation to that offence,<br />

may make application in writing to the Minister for the approval of the<br />

Governor in Council for the payment to him from the Consolidated<br />

Revenue Fund of a sum not exceeding the prescribed, amount by way<br />

of compensation for injury so suffered by him.<br />

(2) Subject to subsection (3) of this section, the Minister shall,<br />

as soon as practicable after receiving an application under subsection<br />

( 1 ) of this section, submit to the Governor in Council a report specifying-<br />

(a) particulars of the application;<br />

(b) the circumstances of the offence or incident by reason of<br />

which the injury was suffered, including particulars o€ the<br />

injury suffered by the applicant;<br />

(c) particulars of any report by a police officer concerning the<br />

oEence;<br />

(d) particulars of any medical examination relating to1 the injury<br />

at or near the time the injury was suffered;<br />

(e) any amounts which, to the knowledge of the Minister, the<br />

applicant has received or in the opinion of the Minister the<br />

applicant would, if he had exhausted all relevant rights of<br />

action and other legal remedies available to him, receive,<br />

independently of subsection (4) of this section, by reason<br />

of the injury to which the application relates;<br />

(f) particulars of any medical examination of the applicant<br />

which may have been requested by the Minister; and<br />

(g) such other matters concerning the application as the Minister<br />

thinks fit.<br />

(3) <strong>The</strong> Minister may defer submitting his report to the Governor<br />

in Council for as long as he considers it necessary to do so to enable<br />

him to specify in his report the amounts referred to in paragraph (e) of<br />

subsection (2) of this section.<br />

(4) <strong>The</strong> Governor in Council upon examining the report of the<br />

Minister under subsection (2) of this section may, if he considers that<br />

in the circumstances of the case the making of a payment to the applicant<br />

of a sum in excess of one hundred dollars is justified, approve that the<br />

Treasurer pay to the applicant, in such manner and subject to such<br />

conditions as the Governor in Council thinks fit, such amount not<br />

exceediiig the prescribed amount as the Governor in Council thinks fit,<br />

having regard to- the amounts referred to in paragraph (e) of subsection<br />

(2) of this section.<br />

(5) <strong>The</strong> limitation as to amount mentioned in subsections (1) and<br />

(4) of this section shall not apply in respect of a person who suffers<br />

injury in the circumstances specified in paragraph (a) of subsection<br />

(1) of this section.<br />

Inserted (as from 1 Jan. 1969) by <strong>Act</strong> of 1968, No. 44, s. 4; as amended<br />

by <strong>Act</strong> of 1975, No. 27, s. 33.<br />

663~. General. (1) Any payments under subsection (4) of section<br />

663c of this <strong>Code</strong> or under subsection (4) of section 66311 of this <strong>Code</strong><br />

may be made without further appropriation than this subsection.<br />

(2) Where any payment is made under subsection (4) of section<br />

663c of this <strong>Code</strong> or under subsection (4) of section 663~ of this <strong>Code</strong>,

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