Victims of Crime Compensation Act 1994
An Act to impose a levy on persons convicted of serious offences and for related purposes
[Royal Assent 16 December 1994]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Victims of Crime Compensation Act 1994 .
This Act commences on a day to be proclaimed.
In this Act, unless the contrary intention appears –[Section 3 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 3 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000]compensation levy means a levy that a person convicted of a serious offence must pay to the Crown pursuant to section 5 ;serious offence means any of the following offences:(a) an offence under the Criminal Code ;(b) an offence under the Guns Act 1991 ;(c) an offence under the Poisons Act 1971 ;(d) an offence under section 34B , 35 , 36 , 37(1) , 37B or 37C of the Police Offences Act 1935 ;(e) an offence under the Road Safety (Alcohol and Drugs) Act 1970 ;(f) [Section 3 Amended by No. 15 of 2000, s. 7, Applied:28 Apr 2000] an offence under section 32 or 37(1) of the Traffic Act 1925 ;(g) a prescribed offence.
For the purposes of this Act, a person is taken to have been convicted of a serious offence if –(a) the person has been charged with and found guilty and convicted of the serious offence; or(b) [Section 4 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(c) [Section 4 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] the person has been charged with and found guilty of the serious offence but the court hearing the charge has not proceeded to conviction; or(d) the serious offence has been taken into account by a court in sentencing the person for another serious offence.
5. Liability of convicted persons to pay compensation levy
(1) A person who is convicted of a serious offence must pay a compensation levy to the Crown.(2) [Section 5 Subsection (2) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] Subsection (1) does not apply if the person is convicted in the Magistrates Court (Youth Justice Division).(3) The amount of the compensation levy is –(a) [Section 5 Subsection (3) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] if the person is convicted in the Supreme Court –(i) $20 or a prescribed amount, whichever is greater, in the case of conviction pursuant to an application under section 385A of the Criminal Code ; or(ii) $50 or a prescribed amount, whichever is greater, in any other case; or(b) if the person is convicted in a court of petty sessions – $20 or a prescribed amount, whichever is greater.(4) The liability to pay the compensation levy is to be entered in any record of conviction and sentence made by the court.(5) If a person is convicted at the same time of more than one serious offence, a compensation levy is payable in respect of each of the convictions.(6) A compensation levy that is payable in respect of a conviction for a serious offence is additional to any pecuniary penalty or order for the payment of compensation that may be imposed or made in respect of the same conviction.(7) A court that convicts a person of a serious offence must not take into account the liability of that person to pay a compensation levy in determining the sentence to be imposed on that person for that serious offence.
6. Court may grant partial exemption in certain cases
(1) In this section, the combined limit means $500 or a prescribed amount, whichever is greater.(2) Notwithstanding section 5 , if –(a) a person is convicted at the same time of more than one serious offence; and(b) the total amount of the compensation levies that the person is liable to pay in respect of those convictions exceeds the combined limit; and(c) the court that convicted the person is satisfied in the circumstances that the person would suffer financial hardship if required to pay that total amount –the court, having regard to such matters as it considers appropriate, may order that the total amount of the compensation levies that the person is liable to pay is to be reduced to –(d) the combined limit; or(e) such other amount exceeding the combined limit as the court considers reasonable.
7. When compensation levy is to be paid
(1) For the purposes of section 5 , a court that convicts a person of a serious offence must make one of the following orders:(a) an order that the compensation levy is to be paid forthwith;(b) an order that the compensation levy is to be paid within a period specified by the court;(c) an order that the compensation levy is to be paid in instalments specified in the order, at times or at intervals specified in the order.(2) An order under subsection (1) (b) or (c) may be made so as to apply from –(a) the date of conviction; or(b) if the convicted person is sentenced to a term of imprisonment that is not wholly suspended – the date on which the convicted person is released in respect of that term of imprisonment.(3) A court that fails for any reason to make an order under subsection (1) is nevertheless taken to have made an order that the compensation levy is to be paid within the period of 14 days immediately following the date of conviction.
8. Payment of compensation levy
(1) A compensation levy is to be paid to a clerk of petty sessions.(2) [Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] If a person is convicted of a serious offence in the Supreme Court, that court must give notice of the convicted person's liability to pay the compensation levy, the amount of the levy and any associated orders to a clerk of petty sessions.(a) [Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(b) [Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(3) If a person is convicted of a serious offence in a court of summary jurisdiction, the compensation levy is to be paid to the clerk of petty sessions of the same court.(4) For the purposes of this Act, any notice of conviction and sentence given to a person convicted of a serious offence is to –(a) state that the convicted person is liable to pay a compensation levy; and(b) specify the amount of the compensation levy; and(c) specify when the compensation levy is to be paid; and(d) [Section 8 Subsection (4) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] specify that the compensation levy may be paid to any clerk of petty sessions.
9. Enforcement of compensation levy
[Section 9 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 9 Substituted by No. 62 of 2000, s. 3, Applied:01 Aug 1998]The amendments effected by this section have been incorporated into the authorised version of the Criminal Injuries Compensation Act 1976 .(1) A compensation levy that a person must pay in respect of a conviction for a serious offence may be enforced as provided by sections 47 and 53 of the Sentencing Act 1997 for the enforcement of fines.(2) Any order made, warrant issued or act done on or after 1 August 1998 but before the Justice Legislation (Miscellaneous Amendments) Act 2000 received the Royal Assent to enforce a compensation levy in a manner provided by section 47 of the Sentencing Act 1997 is valid and effectual.
The Governor may make regulations for the purposes of this Act.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Justice; and(b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.