Victims of Crime (Fund and Levy) Variation Regulations 2010 (SA)

South Australia

Victims of Crime (Fund and Levy) Variation Regulations 2010

under the Victims of Crime Act 2001

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Victims of Crime (Fund and Levy) Regulations 2003

4            Variation of regulation 3—Interpretation

5            Substitution of Schedule 1

Schedule 1—Victims of crime levy

Part 1—Preliminary

1—Short title

These regulations may be cited as the Victims of Crime (Fund and Levy) Variation Regulations 2010.

2—Commencement

These regulations will come into operation on 1 January 2011.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Victims of Crime (Fund and Levy) Regulations 2003

4—Variation of regulation 3—Interpretation

Regulation 3—after the definition of Act insert:

youth has the same meaning as in the Young Offenders Act 1993.

5—Substitution of Schedule 1

Schedule 1—delete the Schedule and substitute:

Schedule 1—Victims of crime levy

1	Subject to clauses 2 and 3—
(a)    the amount of the levy in respect of a summary offence is—
(i)     if the offence is expiated	$60
(ii)    in any other case	$160
(b)    the amount of the levy in respect of an indictable offence is	$260
2	If an offence appears in the list below, the levy in respect of that offence is twice the levy that would otherwise be payable under clause 1:
(a)    an offence under the Aircraft Offences Act 1971;
(b)    any of the following offences under the Criminal Law Consolidation Act 1935:
(i)     an offence under Part 3 (other than Divisions 13, 15 and 18);
(ii)    an offence under Part 4 (other than sections 86 and 86A);
(iii)    an offence of robbery or aggravated robbery;
(iv)    an offence under Part 6A;
(v)    an offence against section 270A, 270AB or 270B.
(c) an offence against section 6 of the Summary Offences Act 1953.
3	If but for this clause—
(a)    the amount of the levy payable by a youth under clause 1 would exceed $100, the amount of the levy is	$100
(b)    the amount of the levy payable by a youth under clause 2 would exceed $180, the amount of the levy is	$180

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 2 December 2010

No 236 of 2010

AGO0217/10CS