New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 211A

211A Imposition of court costs levy

(1) An accused person who is convicted of an offence in summary proceedings before a court is, by virtue of the conviction, liable to pay a
"court costs levy"
"" that is of the amount prescribed by the regulations.

(2) However, a court costs levy is not payable in relation to any of the following--

(a) a conviction resulting in the imposition of a sentence of imprisonment (unless the execution of the sentence is suspended by the court),

(b) an order under section 10 (1) (a) of the Crimes (Sentencing Procedure) Act 1999 in relation to an offence that is not punishable by imprisonment,

(c) a finding of guilt in relation to a traffic offence (within the meaning of section 210 of this Act) by the Local Court when dealing with the accused person under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 ,

(d) a conviction in proceedings before the Drug Court,

(e) a conviction that the regulations exempt from liability to pay the levy.

(3) A convicted person who is under the age of 18 years is not liable to pay the court costs levy if the court directs that the person is exempt from liability to pay the levy in respect of the conviction. Such a direction may be made when the court convicts the person, or at any time afterwards.

(4) The court costs levy is in addition to, and does not form part of, any pecuniary penalty imposed in respect of the offence.

(5) The court costs levy is to be paid to the registrar of the court. The registrar is to pay the levy to the prosecutor if court costs have been paid by the prosecutor in respect of the proceedings.

(6) The commencement of any proceedings by way of appeal against, or review of, a conviction in respect of which the court costs levy has been imposed on a person stays the liability of the person to pay the levy. In such a case--

(a) the setting aside of any such conviction annuls that liability, and

(b) the dismissal of any such proceedings removes the stay of liability.

(7) To avoid doubt, this section extends to--

(a) proceedings conducted in the absence of the accused person, and

(b) proceedings in which a person who was under the age of 18 years when an offence was allegedly committed pleads guilty to, or is found guilty of, an offence in proceedings before a court, but not if the person is dealt with under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 .

(8) In this section, a reference to a person being convicted includes a reference to an order being made in relation to the person under section 10 of the Crimes (Sentencing Procedure) Act 1999 .

Note 1--: This section does not apply in respect of criminal proceedings before the Children's Court (see section 27 (2A) of the Children (Criminal Proceedings) Act 1987 ). Section 42A of that Act provides for the Children's Court to make orders regarding court costs at its discretion.

Note 2--: Section 4 of the Fines Act 1996 provides that a court costs levy payable under this section is, for the purposes of that Act, taken to be a fine imposed by the court that convicted the person or found the person guilty.