Victims of Crime Compensation Act 1994 (TAS)

Victims of Crime Compensation Act 1994

An Act to impose a levy on persons convicted of serious offences and for related purposes

[Royal Assent 16 December 1994]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Victims of Crime Compensation Act 1994 . 2CommencementThis Act commences on a day to be proclaimed. 3InterpretationIn this Act, unless the contrary intention appears –[Section 3 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 3 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] compensation levy means a levy that a person convicted of a serious offence must pay to the Crown pursuant to section 5 ; [Section 3 Amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005 ; serious offence means any of the following offences: (a) an offence under the Criminal Code ; (b) [Section 3 Amended by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000] an offence under the Firearms Act 1996 ; (c) [Section 3 Amended by No. 95 of 2001, Sched. 2, Applied:01 Jun 2002] an offence under the Misuse of Drugs Act 2001 or Poisons Act 1971 ; (d) an offence under section 34B , 35 , 36 , 37(1) , 37B or 37C of the Police Offences Act 1935 ; (e) an offence under the Road Safety (Alcohol and Drugs) Act 1970 ; (ea) [Section 3 Amended by No. 25 of 2006, Sched. 2, Applied:23 Dec 2006] an offence under the Marine Safety (Misuse of Alcohol) Act 2006 ; (f) [Section 3 Amended by No. 15 of 2000, s. 7, Applied:28 Apr 2000] [Section 3 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] an offence under – (i) section 32(1) or (2) of the Traffic Act 1925 ; or (ii) section 13(1) of the Vehicle and Traffic Act 1999 ; (g) a prescribed offence. 4Meaning of "convicted"For the purposes of this Act, a person is taken to have been convicted of a serious offence if – (a) the person has been charged with and found guilty and convicted of the serious offence; or (b) [Section 4 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] .  .  .  .  .  .  .  .   (c) [Section 4 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] the person has been charged with and found guilty of the serious offence but the court hearing the charge has not proceeded to conviction; or (d) the serious offence has been taken into account by a court in sentencing the person for another serious offence. 5Liability of convicted persons to pay compensation levy (1) A person who is convicted of a serious offence must pay a compensation levy to the Crown. (2)  [Section 5 Subsection (2) amended by No. 27 of 2013, s. 58, Applied:01 Mar 2014] [Section 5 Subsection (2) amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] Subsection (1) does not apply if the person is convicted in the Magistrates Court (Youth Justice Division) or is convicted by the Supreme Court of an offence committed before the person attained the age of 18 years. (3) The amount of the compensation levy is – (a) [Section 5 Subsection (3) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] if the person is convicted in the Supreme Court – (i) $20 or a prescribed amount, whichever is greater, in the case of conviction pursuant to an application under section 385A of the Criminal Code ; or (ii) $50 or a prescribed amount, whichever is greater, in any other case; or (b) if the person is convicted in a court of petty sessions – $20 or a prescribed amount, whichever is greater. (4) The liability to pay the compensation levy is to be entered in any record of conviction and sentence made by the court. (5) If a person is convicted at the same time of more than one serious offence, a compensation levy is payable in respect of each of the convictions. (6) A compensation levy that is payable in respect of a conviction for a serious offence is additional to any pecuniary penalty or order for the payment of compensation that may be imposed or made in respect of the same conviction. (7) A court that convicts a person of a serious offence must not take into account the liability of that person to pay a compensation levy in determining the sentence to be imposed on that person for that serious offence. 6Court may grant partial exemption in certain cases (1)  In this section, the combined limit means $500 or a prescribed amount, whichever is greater. (2)  Notwithstanding section 5 , if – (a) a person is convicted at the same time of more than one serious offence; and (b) the total amount of the compensation levies that the person is liable to pay in respect of those convictions exceeds the combined limit; and (c) the court that convicted the person is satisfied in the circumstances that the person would suffer financial hardship if required to pay that total amount –the court, having regard to such matters as it considers appropriate, may order that the total amount of the compensation levies that the person is liable to pay is to be reduced to – (d) the combined limit; or (e) such other amount exceeding the combined limit as the court considers reasonable. 7When compensation levy is to be paid [Section 7 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] [Section 7 Substituted by No. 29 of 2017, Sched. 1, Applied:05 Sep 2017] (1)  For the purposes of section 5 , the compensation levy is to be paid – (a) if the person is sentenced to a term of imprisonment that is not wholly suspended, within 28 days after the person’s release from prison; or (b) if the person is not sentenced to a term of imprisonment, or is sentenced to a term of imprisonment that is wholly suspended, within 28 days after the date of sentencing. (2)  Notwithstanding subsection (1) , a court may order that the compensation levy is to be paid within a period of less than 28 days after the date of sentencing. 8Payment of compensation levy (1)  [Section 8 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] A compensation levy is to be paid to the Director, MPES. (2)  [Section 8 Subsection (2) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] [Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] If a person is convicted of a serious offence in the Supreme Court or in a court of summary jurisdiction, that court must give notice of the convicted person’s liability to pay the compensation levy, the amount of the levy and any associated orders to the Director, MPES. (a) [Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] .  .  .  .  .  .  .  .   (b) [Section 8 Subsection (2) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] .  .  .  .  .  .  .  .   (3)  [Section 8 Subsection (3) omitted by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] .  .  .  .  .  .  .  .   (4) For the purposes of this Act, any notice of conviction and sentence given to a person convicted of a serious offence is to – (a) state that the convicted person is liable to pay a compensation levy; and (b) specify the amount of the compensation levy; and (c) specify when the compensation levy is to be paid; and (d) [Section 8 Subsection (4) amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 8 Subsection (4) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] specify that the compensation levy may be paid to the Director, MPES. 9Enforcement of compensation levy [Section 9 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 9 Substituted by No. 62 of 2000, s. 3, Applied:01 Aug 1998] (1)  [Section 9 Subsection (1) amended by No. 6 of 2008, Sched. 1, Applied:28 Apr 2008] A compensation levy that a person must pay in respect of a conviction for a serious offence may be enforced as a fine under the Monetary Penalties Enforcement Act 2005 . (2)  Any order made, warrant issued or act done on or after 1 August 1998 but before the Justice Legislation (Miscellaneous Amendments) Act 2000 received the Royal Assent to enforce a compensation levy in a manner provided by section 47 of the Sentencing Act 1997 is valid and effectual. 1011RegulationsThe Governor may make regulations for the purposes of this Act. 12Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 – (a) the administration of this Act is assigned to the Minister for Justice; and (b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.