New South Wales Consolidated Acts

FINES ACT 1996 - SECT 18

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.

(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 .