Sentencing (Offender Levy) Amendment Act 2009

1: Title
This Act is the Sentencing (Offender Levy) Amendment Act 2009.
2: Commencement
This Act comes into force on a date to be appointed by the Governor-General by Order in Council. Section 2 brought into force 1 July 2010 Sentencing (Offender Levy) Amendment Act 2009 Commencement Order 2010
3: Principal Act amended
This Act amends the Sentencing Act 2002 OIC (2010/90) 2010-07-01 Sentencing Act 2002
1: Amendments to Sentencing Act 2002
4: Reparation
Section 12
1A: When considering undue hardship or other special circumstances under subsection (1), a court must not take into account that the offender is required to pay a levy under section 105B
5: Taking into account financial capacity of offender
Section 35
3: Subsection (2) is subject to section 105C
6: Determining amount of fine
Section 40
5: When considering the financial capacity of the offender under subsection (1), the court must not take into account that the offender is required to pay a levy under section 105B
7: New heading and sections 105A to 105J inserted
The following heading and sections are inserted after section 105
4A: Offender levy and victims' services bank account
105A: Interpretation
For the purposes of this subpart, unless the context otherwise requires,— account section 105G approved agency section 105J Secretary
105B: Offender to pay levy
1: This section applies to an offender who has been convicted of an offence.
2: On being sentenced or otherwise dealt with by a court in relation to 1 or more offences, the offender must pay a levy.
3: The levy is not a sentence and is in addition to any sentence.
105C: Priority of payments received from offender
If the court imposes or has previously imposed on an offender a sentence or an order of reparation or a sentence of a fine, or both, any payments received from the offender must be applied in the following order of priority:
a: in payment of the amount due under any sentence or order of reparation:
b: in payment of the offender levy:
c: in payment of any fine.
105D: Amount of levy
The amount of the levy payable under section 105B section 147
105E: Payment of levy
An offender must pay the levy to the Secretary, who must pay the levy into the account.
105F: Distribution of money in account
The Secretary may, from time to time, pay to an approved agency any amount of money from money that is held in the account.
105G: Victims' services bank account
The Secretary must, for the purposes of this subpart, establish through the Treasury a separate Crown bank account to be known as the victims' services bank account.
105H: Payments from, and other operation of, account
The Secretary must ensure that money is paid out of the account, and that the account is otherwise operated, only as permitted or required by this subpart or by regulations made under section 105I
105I: Regulations on operation of account
The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: providing for the circumstances and manner in which money may or must be paid out of the account:
b: providing for the manner in which, and the conditions subject to which, the Secretary may or must otherwise operate the account.
105J: Approval of agency
1: The Secretary may approve an organisation as an approved agency for the purposes of this subpart.
2: Before approving an organisation as an approved agency, the Secretary must be satisfied that—
a: the organisation has as one of its roles providing services to victims of crime; and
b: any amount paid to the organisation under section 105F
c: the organisation has members with the knowledge, experience, and skills to provide services to victims of crime; and
d: the organisation has in place administrative arrangements that will enable money received by the organisation to be accounted for.
3: The Secretary may at any time, by notice in writing to an organisation approved under subsection (1), revoke that approval if the Secretary is no longer satisfied of the matters set out in subsection (2) or of any other matters that the Secretary considers relevant.
8: Enforcement of payment of amounts under sentence of reparation, reparation orders, etc
1: Section 145(1) ; or
c: the amount of any levy payable under section 105B
2: Section 145
2A: However, if the only amount payable is the levy,—
a: Part 3 of the Summary Proceedings Act 1957 applies (even if sections 19 and 19B to 19F of the Crimes Act 1961 would be applicable); but
b: sections 83(2)(a) and (b), 87(1)(a), and 88 of the Summary Proceedings Act 1957 do not apply and the following references must be read as follows:
i: the reference in section 88B(1)(a) to the amount of $25 must be read as a reference to the amount of the levy (being $50 or any other amount that may be prescribed by regulation); and
ii: the reference in section 88B(1)(b) to 3 years must be read as a reference to 1 year.
9: Regulations
Section 147
ca: prescribing the amount of the levy payable under section 105B .
2: Consequential amendments to other enactments
10: Consequential amendments to other enactments
The enactments listed in the Schedule OIC (SR 2010/90) 2010-07-01 Customs and Excise Act 1996 Social Security Act 1964 Summary Proceedings Act 1957 Tax Administration Act 1994