(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),
(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.
(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 .
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.