Victims of Crime Amendment Act 2007 (ACT)
Victims of Crime Amendment Act 2007
A2007-44
Contents
Page
Name of Act 2
Commencement 2
Legislation amended 2
Part 5 2
Dictionary, note 2, new dot points 4
Dictionary, definition of offence 4
Dictionary, new definition of victims services levy 4
Schedule 1Consequential amendments 5
Part 1.1Crimes (Sentencing) Act 2005 5
Part 1.2Magistrates Court Act 1930 5
Part 1.3Victims of Crime Regulation 2000 6
Victims of Crime Amendment Act 2007
A2007-44
An Act to amend the Victims of Crime Act 1994, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Victims of Crime Amendment Act 2007.
Commencement
This Act commences 7 days after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Victims of Crime Act 1994.
NoteThis Act also amends the following legislation (see sch 1):
· Crimes (Sentencing) Act 2005
· Magistrates Court Act 1930
· Victims of Crime Regulation 2000.
Part 5
substitute
Part 5Victims services levy
Meaning of offence—pt 5
In this part:
offence means an offence dealt with by the Supreme Court or the Magistrates Court other than an offence prescribed by regulation.
Imposition of victims services levy
(1)A levy (a victims services levy) is imposed to provide a source of revenue to improve services for victims of crime.
(2)An adult who is convicted of an offence and ordered by a court to pay a fine in relation to the offence, is liable to pay the Territory a victims services levy of $10.
NoteThe victims services levy is recoverable under the Magistrates Court Act 1930, pt 3.9 (Enforcement of criminal decisions). However, that Act, s 154D (Fine defaulters––imprisonment) does not apply in relation to the victims services levy.
(3)The victims services levy is in addition to, and does not form part of, the fine.
Notice of levy
(1)The amount of the victims services levy payable by a person must be stated on––
(a)the fine order; and
(b)any notice or copy of the fine order given to the person.
(2)In this section:
fine order—see the Crimes (Sentencing) Act 2005, section 14 (2).
Levy not to be reduced
(1)A court must not reduce the victims services levy payable by a person or exonerate a person from liability to pay the levy.
(2)However, the court may exonerate the person from liability to pay the levy if satisfied in the circumstances of the case that paying the levy is likely to cause undue hardship.
Effect of appeal etc
(1)The commencement of any proceeding to appeal against, or for review of, a conviction for an offence for which a victims services levy is imposed on a person stays the person’s liability to pay the levy.
(2)Setting aside the conviction annuls the person’s liability to pay the victims services levy.
(3)Dismissal of the appeal or review removes the stay of liability.
Part 6Miscellaneous
Regulation-making power
The Executive may make regulations for this Act.
NoteA regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Dictionary, note 2, new dot points
insert
· Magistrates Court
· Supreme Court
Dictionary, definition of offence
substitute
offence––
(a)for this Act generally—means an offence against a law in force in the ACT; and
(b)for part 5 (Victims services levy)—see section 23.
Dictionary, new definition of victims services levy
insert
victims services levy—see section 24.
Schedule 1Consequential amendments
(see s 3)
Part 1.1Crimes (Sentencing) Act 2005
[1.1]Section 14 (5), note
substitute
Note 1The Victims of Crime Act 1994, s 25 (1) requires the amount of the victims services levy payable by a person (in relation to an offence to which that Act, pt 5 applies), to be stated on a fine order and on any notice or copy of the fine order given to the person.
Note 2An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Part 1.2Magistrates Court Act 1930
[1.2]Section 141 (2), new note
insert
NoteThe Victims of Crime Act 1994, s 25 (1) requires the amount of the victims services levy payable by a person (in relation to an offence to which that Act, pt 5 applies), to be stated on a fine order under the Crimes (Sentencing) Act 2005 and on any notice or copy of the fine order given to the person.
[1.3]Section 146, definition of fine, new paragraph (da)
insert
(da)a victims services levy imposed under the Victims of Crime Act 1994; or
[1.4]Section 154D (4)
substitute
(4)This section does not apply to a person if the person’s liability to pay the fine is derived from—
(a)the imposition of a victims services levy under the Victims of Crime Act 1994; or
(b)the imposition of a levy under the Victims of Crime (Financial Assistance) Act 1983; or
(c)a reparation order under the Crimes (Sentencing) Act 2005.
NoteA reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005, s 142.
Part 1.3Victims of Crime Regulation 2000
[1.5]New section 49A
insert
49AVictims services levy—excluded offences
For the Act, section 23, the offences mentioned in schedule 1 are prescribed offences to which the victims services levy does not apply.
[1.6]New schedule 1
insert
Schedule 1Victims services levy—excluded offences
(s 49A)
Part 1.1Australian Road Rules
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description |
| 1 | 167 | disobey no stopping sign |
| 2 | 168 (1) | disobey no parking sign |
| 3 | 169 | stop at side of road with continuous yellow edge line |
| 4 | 170 (2) | stop on/near intersection (traffic lights) |
| 5 | 170 (3) | stop on/near intersection (no traffic lights) |
| 6 | 171 (1) | stop on/near children’s crossing |
| 7 | 172 (1) | stop on/near pedestrian crossing |
| 8 | 173 (1) | stop on/near marked foot crossing |
| 9 | 174 (2) | stop near bicycle crossing lights |
| 10 | 175 (1) | stop on/near level crossing |
| 11 | 176 (1) | stop on clearway |
| 12 | 177 (1) | stop on freeway |
| 13 | 178 | stop in emergency stopping lane |
| 14 | 179 (1) | stop in loading zone |
| 15 | 179 (2) (a) | stop in loading zone longer than ½ hour |
| 16 | 179 (2) (b) | stop in loading zone longer than indicated |
| 17 | 179 (2) (c) | stop in loading zone longer than permitted |
| 18 | 180 (1) | stop in truck zone |
| 19 | 181 (1) | stop in works zone |
| 20 | 182 (1) | stop in taxi zone |
| 21 | 183 (1) | |
| 21.1 | · for a bus zone in a clearway, transit lane or bus lane | stop in bus zone (clearway/transit lane/bus lane) |
| 21.2 | · other than for a bus zone in a clearway, transit lane or bus lane | stop in bus zone (not clearway/transit lane/ bus lane) |
| 22 | 184 (1) | |
| 22.1 | · for a minibus zone in a clearway, transit lane or bus lane | stop in minibus zone (clearway/transit lane/ bus lane) |
| 22.2 | · other than for a minibus zone in a clearway, transit lane or bus lane | stop in minibus zone (not clearway/transit lane/bus lane) |
| 23 | 185 (1) | stop in permit zone |
| 24 | 186 (1) | stop in mail zone |
| 25 | 187 | stop in/on bus/transit/truck/bicycle/tram lane/tracks |
| 26 | 188 | stop in shared zone |
| 27 | 189 (1) | double park |
| 28 | 190 (1) | stop in/near safety zone |
| 29 | 191 | stop near obstruction so as to obstruct traffic |
| 30 | 192 (1) | stop on structure |
| 31 | 192 (2) | stop in tunnel/underpass |
| 32 | 193 (1) | stop on crest/curve outside built-up area |
| 33 | 194 (1) | stop near fire hydrant/indicator/plug indicator |
| 34 | 195 (1) | stop at/near bus stop |
| 35 | 196 (1) | stop at/near tram stop |
| 36 | 197 (1) | stop on path/strip in built-up area |
| 37 | 198 (1) | obstruct access to ramp/path/passageway |
| 38 | 198 (2) | stop on/across driveway/other access to/from land |
| 39 | 199 (1) | stop near postbox |
| 40 | 200 (1) | not stop heavy/long vehicle on road shoulder |
| 41 | 200 (2) | stop heavy/long vehicle longer than 1 hr |
| 42 | 201 | disobey bicycle parking sign |
| 43 | 202 | disobey motorbike parking sign |
| 44 | 203 (1) | stop in parking area for disabled |
| 45 | 203A | stop in slip lane |
| 46 | 205 | park continuously for longer than permitted |
| 47 | 208 (1) | |
| 47.1 | · by contravening 208 (2) | not parallel park in direction of travel |
| 47.2 | · by contravening 208 (3) | not parallel park near left |
| 47.3 | · by contravening 208 (4) | not parallel park near road side |
| 47.4 | · by contravening 208 (5) | parallel park close to front/back of vehicle |
| 47.5 | · by contravening 208 (6) | parallel park close to dividing line/strip |
| 47.6 | · by contravening 208 (7) | parallel park close if no dividing line/strip |
| 47.7 | · by contravening 208 (8) | park so as to obstruct vehicles/pedestrians |
| 48 | 209 (2) (a) | not parallel park in direction of travel |
| 49 | 209 (2) (b) | not parallel park near centre of median strip |
| 50 | 209 (2) (c) | parallel park close to front/back of vehicle |
| 51 | 210 (1) | |
| 51.1 | · by contravening 210 (2) (a) | not park at specified angle |
| 51.2 | · by contravening 210 (2) (b) | not park rear out at specified angle |
| 51.3 | · by contravening 210 (2A) (a) | not park at 45° (no angle specified) |
| 51.4 | · by contravening 210 (2A) (b) | not park rear out at 45° |
| 51.5 | · by contravening 210 (3) (a) | not park at 90° |
| 51.6 | · by contravening 210 (3) (b) (i) | not park rear in/front in at 90° as specified |
| 51.7 | · by contravening 210 (4) (a) (i) | not park rear in at specified angle |
| 51.8 | · by contravening 210 (4) (a) (ii) | not park rear in at 45° (no angle specified) |
| 52 | 211 (1) | disobey park in bays only sign |
| 53 | 211 (2) | not park wholly within parking bay |
| 54 | 211 (3) | use more parking bays than necessary |
Part 1.2Road Transport (Safety and Traffic Management) Regulation 2000
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description |
| 1 | 44 (1) | park outside metered space |
| 2 | 44 (2) | park in occupied metered space |
| 3 | 44 (3) | park not completely in metered space |
| 4 | 44A (1) | park without paying meter fee |
| 5 | 44B (1) | park after meter expired |
| 6 | 44B (2) | park for longer than allowed by meter signs |
| 7 | 46 (2) | park in closed metered space |
| 8 | 49 (1) | park outside ticket space |
| 9 | 49 (3) | park in occupied ticket space |
| 10 | 49 (4) | park not completely in ticket space |
| 11 | 49A (1) | park without current/current equivalent ticket displayed/properly displayed |
| 12 | 49B (1) | park after ticket expired |
| 13 | 49B (2) | park for longer than allowed by ticket signs |
| 14 | 51 (3) | park in closed ticket area/space |
| 15 | 57A (1) | |
| 15.1 | · for a bus zone in a clearway, transit lane or bus lane | stop public bus in bus zone (clearway/transit lane/bus lane) |
| 15.2 | · other than for a bus zone in a clearway, transit lane or bus lane | stop public bus in bus zone (not clearway/transit lane/bus lane) |
| 16 | 57A (3) | stop public bus at/near bus stop |
| 17 | 85 (2) | park stock truck/enclosed semitrailer/commercial vehicle with height > 3.6m on residential land |
| 18 | 86 (2) | park vehicle/combination with length > 7.5m and GVM > 4.5t on land adjoining residential land longer than 1 hour |
| 19 | 87 (2) | park commercial vehicle with length > 6m/ height > 2.6m/GVM > 3.75t on residential land with multi-unit development |
Part 1.3Australian National University Act 1991 (Cwlth)—Parking and Traffic Statute (No 2) 2007
| column 1 item | column 2 offence provision and, if relevant, case | column 3 short description |
| 1 | 16 (1) | stand or park without voucher displayed |
| 2 | 16 (2) | stand or park after voucher expired |
| 3 | 29 (3) (a) | park outside marked parking bay |
| 4 | 29 (3) (b) | park on or across bay road marking |
| 5 | 29 (4) (a) | park in a way that obstructs other drivers |
| 6 | 29 (4) (b) | park in a way that impedes other drivers |
| 7 | 29 (4) (c) | park in a way that inconveniences other drivers |
| 8 | 30 (3) | park in loading zone |
| 9 | 30 (4) (a) | park in loading zone after unloading or loading completed |
| 10 | 30 (4) (b) | park in loading zone longer than signs indicate |
| 11 11.1 | 31 (1) · in the case of parking a vehicle | park in area other than road or off-street parking area without permission |
| 12 | 32 (1) | stop or park other than adjacent to left‑hand road boundary |
| 13 | 32 (2) | stop or park adjacent to right- hand road boundary other than in accordance with parking sign |
| 14 | 33 (1) | park contrary to road marking or parking sign |
| 15 | 33 (2) | stop or park contrary to no stopping sign |
| 16 | 33 (3) (a) | stop or park alongside red kerb or barrier |
| 17 | 33 (3) (b) | stop or park over red kerb or red part of road |
| 18 | 33 (4) | park contrary to no parking sign |
| 19 | 33 (5) (a) | park alongside yellow kerb or barrier |
| 20 | 33 (5) (b) | park over yellow kerb or yellow part of road |
| 21 | 33 (6) | park adjacent to road side or parking area marked with continuous yellow line |
| 22 | 33 (7) (a) | park contrary to time period indicated on parking sign |
| 23 | 33 (7) (b) | not park at specified angle indicated on parking sign |
| 24 | 33 (7) (c) (i) | park unauthorised vehicle in authorised vehicle area contrary to parking sign |
| 25 | 33 (7) (c) (ii) | park in authorised vehicle area without displaying label |
| 26 | 33 (7) (d) (i) | park in permit parking area without permit |
| 27 | 33 (7) (d) (ii) | park in permit parking area without displaying permit parking label |
| 28 | 34 (1) | stop or park in bus stop |
| 29 | 35 (1) | park or stop in off-road parking area contrary to no parking or no stopping sign |
| 30 | 35 (2) | park or stop in off-road parking area contrary to time period indicated on sign |
| 31 | 35 (3) (a) | park unauthorised vehicle in off-road authorised vehicle area contrary to sign |
| 32 | 35 (3) (b) | park in off-road authorised vehicle area without displaying label |
| 33 | 35 (3) (c) | park in off-road disabled driver vehicle area without displaying valid disability permit |
| 34 | 35 (4) | park in off-road permit parking area without displaying permit parking label |
| 35 | 36 (1) | stop or park so as to cause danger/obstruction/inconvenience |
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 15 November 2007.
Notification
Notified under the Legislation Act on 13 December 2007.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Victims of Crime Amendment Bill 2007, which was passed by the Legislative Assembly on 6 December 2007.
Clerk of the Legislative Assembly
© Australian Capital Territory 2007
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