South Australian Consolidated 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 subsection (3) 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.

        (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;

            (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—

            (a)         the amount of the levy must be shown on the expiation notice; and

            (b)         despite any other law, the offence will not be regarded as expiated, and no immunity from prosecution will arise, unless the levy has been paid.

        (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)         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 Criminal Law (Sentencing) Act 1988 .

        (8)         Despite any other provision of this section, the Governor may remit a levy, or a part of a levy, payable by a person under this section.