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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Fines Amendment (Payment of Victims
Compensation Levies) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Fines Act 1996 No 99 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Fines Amendment (Payment of Victims
Compensation Levies) Bill 2006
Act No , 2006
An Act to amend the Fines Act 1996 in relation to the payment of victims
compensation levies; to validate certain enforcement actions; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Fines Amendment (Payment of Victims Compensation Levies) Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Fines Amendment (Payment of Victims Compensation
Levies) Act 2006.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Fines Act 1996 No 99
The Fines Act 1996 is amended as set out in Schedule 1.
Page 2
Fines Amendment (Payment of Victims Compensation Levies) Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
compensation levy means a compensation levy payable under
Part 5 of the Victims Support and Rehabilitation Act 1996.
[2] Section 4 Meaning of "fine"
Omit "payable under Part 5 of the Victims Compensation Act 1996" from
section 4 (1) (d).
[3] Section 4 (2A)
Insert after section 4 (2):
(2A) For the purposes of this Act, a compensation levy is taken to be a
fine imposed by the court by which the person liable to pay the
levy was convicted.
[4] Section 18
Insert after section 17:
18 Special provision relating to certain compensation levies
(1) This section applies to a compensation levy if the person liable to
pay the levy (the offender) has been sentenced to a term of
imprisonment by way of full-time detention in respect of the
conviction that gave rise to the imposition of the levy (whether or
not the sentence is consecutive with another sentence or
concurrent with another sentence or partly consecutive and partly
concurrent).
(2) However, this section does not apply if the relevant sentence has
been suspended.
(3) Despite the other provisions of this Division, a compensation
levy to which this section applies that is not paid by the due date
may be enforced by deducting the amount due from the
offender's prison earnings.
(4) The appropriate deduction is to be made by the Commissioner of
Corrective Services or the governor of the correctional centre in
which the offender is imprisoned.
(5) Money may be deducted from prison earnings in accordance with
this section despite the provisions of any other Act or law.
Page 3
Fines Amendment (Payment of Victims Compensation Levies) Bill 2006
Schedule 1 Amendments
(6) Any amount of a compensation levy to which this section applies
that remains unpaid when the offender is discharged from the
correctional centre, or released on parole, is taken to have been
satisfied.
(7) Subsection (6) applies even if the offender's parole is
subsequently revoked.
(8) In this section, a reference to an offender's prison earnings is a
reference to the payments (if any) to be made to the offender
under section 7 of the Crimes (Administration of Sentences)
Act 1999.
[5] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Fines Amendment (Payment of Victims Compensation Levies)
Act 2006
[6] Schedule 3
Insert at the end of the Schedule, with appropriate Part and clause numbering:
Part Provisions consequent on enactment of
Fines Amendment (Payment of Victims
Compensation Levies) Act 2006
Validation of enforcement of certain fines
A compensation levy enforced, before the amendment of this Act
by the Fines Amendment (Payment of Victims Compensation
Levies) Act 2006, by means of an action that would have been
authorised by this Act if this Act as so amended had been in force
when the levy was enforced, is taken to have been validly
enforced.
Page 4
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