South Australian Current Acts

VICTIMS OF CRIME ACT 2001 - SECT 32

32—Imposition of levy

        (1)         A levy is imposed for the purpose of providing a source of revenue for the Fund.

        (2)         Subject to this section and any exceptions prescribed by the regulations, the levy is imposed on—

            (a)         all persons convicted of offences after the commencement of this section (whether the offence was committed before or after the commencement of this section); and

            (b)         all persons who expiate offences under expiation notices issued after the commencement of this section.

        (3)         A levy is not imposed on a person convicted of an offence if the person has paid the levy under an expiation notice issued for the same offence.

        (3a)         A court may, at the time of convicting or sentencing a person under the age of 18 years for an offence, exonerate the defendant from liability to pay the levy in relation to that offence.

        (4)         The amount of the levy is to be fixed by regulation.

        (5)         The amount of the levy may vary according to any one or more of the following factors:

            (a)         the nature of the offence;

            (b)         whether the offence is a summary or an indictable offence;

            (c)         whether or not the offence is expiated;

            (ca)         whether the offence is expiated by payment of the expiation fee, or other arrangements in relation to payment of the expiation fee, during the expiation period or otherwise;

            (d)         whether or not the offender is an adult;

            (e)         variations in the consumer price index.

        (6)         If a levy is payable under this section by a person who expiates an offence, the amount of the levy must be shown on the expiation notice.

        (7)         If a levy is payable under this section by a person who is convicted of an offence—

            (a)         the amount of the levy must be shown in—

                  (i)         any formal record of the conviction and sentence; and

                  (ii)         any notice of the conviction and sentence given to the defendant; and

                  (iii)         any warrant of commitment issued for the imprisonment of the defendant for the offence; and

            (b)         subject to subsection (3a), the court may not, at the time of convicting or sentencing the defendant for the offence, reduce the levy or exonerate the defendant from liability to pay it; and

            (c)         the levy is recoverable under the Sentencing Act 2017 .

        (8)         Despite subsection (2), the Chief Recovery Officer or an issuing authority (within the meaning of the Expiation of Offences Act 1996 ) may recover a levy before it becomes payable under this section.