{"id":"victims-of-crime-fund-and-levy-regulations-2018","name":"Victims of Crime (Fund and Levy) Regulations 2018","slug":"victims-of-crime-fund-and-levy-regulations-2018","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":238107,"registerId":"sa-victims-of-crime-fund-and-levy-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victims of Crime (Fund and Levy) Regulations 2018","content":"South Australia\nVictims of Crime (Fund and Levy) Regulations 2018\nunder the Victims of Crime Act 2001\n\nContents\n1\tShort title\n3\tInterpretation\n4\tPrescribed proportion to be paid into Fund (section 30 of Act)\n5\tImposition of levy (section 32 of Act)\nSchedule 1—Victims of crime levy\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Victims of Crime (Fund and Levy) Regulations 2018.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Victims of Crime Act 2001;\nyouth has the same meaning as in the Young Offenders Act 1993.\n4—Prescribed proportion to be paid into Fund (section 30 of Act)\nFor the purposes of section 30(3) of the Act, the prescribed proportion of the aggregate amount paid into General Revenue by way of fines that is to be paid into the Victims of Crime Fund is 20%.\n5—Imposition of levy (section 32 of Act)\n\t(1)\tFor the purposes of section 32(2) of the Act, a levy is not imposed on a person who expiates an offence under an expiation notice if—\n\t(a)\tthe notice is issued by a council (within the meaning of the Local Government Act 1999) or other authority with powers and functions of local government; or\n\t(b)\tthe notice is issued by a university or other tertiary educational institution established by an Act; or\n\t(c)\tthe notice is issued by an incorporated hospital (within the meaning of the Health Care Act 2008); or\n\t(d)\tthe notice is issued by the Institute of Medical and Veterinary Science; or\n\t(e)\tthe notice is issued by the Board of the Botanic Gardens and State Herbarium.\n\t(2)\tA reference in subregulation (1) to a person who expiates an offence under an expiation notice does not include a person who, for the purposes of any Act or law, is taken to have expiated an offence by virtue of the operation of section 22(4) of the Fines Enforcement and Debt Recovery Act 2017.\n\t(3)\tFor the purposes of section 32(4) of the Act, the amount of the levy is fixed by Schedule 1.\nSchedule 1—Victims of crime levy\n\n1\nSubject to clauses 2 and 3—\n\n\n\t(a)\tthe amount of the levy in respect of a summary offence is—\n\n\n\t(i)\tif the offence is expiated without the making of an enforcement determination under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the expiation notice\n$105\n\n\t(ii)\tin any other case\n$278\n\n\t(b)\tthe amount of the levy in respect of an indictable offence is\n$451\n2\nIf 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:\n\n\n\t(a)\tan offence under the Aircraft Offences Act 1971;\n\n\n\t(b)\tany of the following offences under the Criminal Law Consolidation Act 1935:\n\n\n\t(i)\tan offence under Part 3 (other than Divisions 13, 15 and 18);\n\n\n\t(ii)\tan offence under Part 4 (other than sections 86 and 86A);\n\n\n\t(iii)\tan offence of robbery or aggravated robbery;\n\n\n\t(iv)\tan offence under Part 6A;\n\n\n\t(v)\tan offence against section 270AB or 270B;\n\n\n\t(vi)\tan offence against section 270A involving the attempt of an offence otherwise listed in this clause (other than in subparagraph (v));\n\n\n\t(c)\tan offence against section 6 of the Summary Offences Act 1953.\n\n3\nThe amount of the levy for an offender who is a youth is—\n\n\n\t(a)\tin respect of a summary offence (other than an offence listed in clause 2)—\n\n\n\t(i)\tif the offence is expiated without the making of an enforcement determination under section 22 of the Fines Enforcement and Debt Recovery Act 2017 in relation to the expiation notice\n$20\n\n\t(ii)\tin any other case\n$40\n\n\t(b)\tin respect of an indictable offence (other than an offence listed in clause 2)\n$60\n\n\t(c)\tin respect of an offence listed in clause 2\n$100\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Victims of Crime (Fund and Levy) Regulations 2018 revoked the following:\nVictims of Crime (Fund and Levy) Regulations 2003\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2018\n188\nGazette 19.7.2018 p2883 \n19.7.2018: r 2\n2020\n296\nGazette 19.11.2020 p5083\n1.1.2021: r 2\n2021\n67\nGazette 3.6.2021 p1844\n1.7.2021: r 2\n2021\n184\nGazette 9.12.2021 p4339\n31.1.2023: r 2\n2022\n35\nGazette 10.6.2022 p1509\n1.7.2022: r 2\n2023\n44\nGazette 18.5.2023 p1046\n1.7.2023: r 2\n2024\n29\nGazette 16.5.2024 p869\n1.7.2024: r 2\n2025\n25\nGazette 15.5.2025 p1184\n1.7.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.1.2021\nSch 1\nvaried by 296/2020 r 4(1)—(3)\n1.1.2021\n\nvaried by 67/2021 r 4(1)—(3)\n1.7.2021\n\namended by 35/2022 r 3(1)—(3)\n1.7.2022\n\nvaried by 184/2021 r 4\n31.1.2023\n\namended by 44/2023 r 3(1)—(3)\n1.7.2023\n\namended by 29/2024 r 3(1)—(3)\n1.7.2024\n\namended by 25/2025 r 3(1)—(3)\n1.7.2025\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.1.2021\nHistorical versions\n1.1.2021\n\n1.7.2021\n\n1.7.2022\n\n31.1.2023\n\n1.7.2023\n\n1.7.2024\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: setting the financial parameters for the Victims of Crime Fund and levy system. The legislative history shows regular updates to dollar amounts (indexation/adjustments in 2021, 2022, 2023, 2024, 2025) but no expansion of scope beyond the core mechanics of fund contributions and levy imposition."},"complexity_factors":["Multiple cross-references to other Acts (Victims of Crime Act 2001, Young Offenders Act 1993, Fines Enforcement and Debt Recovery Act 2017, Local Government Act 1999, Health Care Act 2008, plus various offence-creating Acts)","Nested conditional logic: levy amounts depend on (a) offence type, (b) payment method/timing, (c) offender age, and (d) specific offence categories in Schedule 1","Exception to exception structure in regulation 5: general rule (levy applies) → exception (council/university/hospital fines exempt) → exception to exception (deemed expiation under s 22(4) not covered)","Schedule 1 requires knowledge of legal distinctions between 'summary' and 'indictable' offences, and understanding of which offences fall under specific Parts and Divisions of multiple Acts","Double levy calculation requires cross-referencing offence types across Criminal Law Consolidation Act, Aircraft Offences Act, and Summary Offences Act"],"plain_english_summary":"These regulations set up the financial mechanics for South Australia's Victims of Crime Fund. Here's what they do:\n\n**What is this?**\nThe regulations operate under the Victims of Crime Act 2001 to determine:\n- How much money from fines gets directed to support victims of crime\n- When offenders must pay an extra \"levy\" (a special fee) on top of their fines\n- Exactly how much that levy costs\n\n**Key rules:**\n\n**Money flowing into the Fund:**\n- **20%** of all fine revenue paid into General Revenue must go to the Victims of Crime Fund\n\n**Who pays the victims of crime levy?**\nMost people who pay fines for offences must pay an additional levy, **except**:\n- People paying council (local government) fines\n- People paying university fines\n- People paying hospital fines\n- People paying fines from the Botanic Gardens\n- People who are \"deemed\" to have paid under special enforcement rules (section 22(4) of the Fines Enforcement Act)\n\n**How much is the levy?**\nThe amount depends on the offence type and how the fine is paid:\n\n| Situation | Amount |\n|-----------|--------|\n| Summary offence (minor crime) - paid promptly | $105 |\n| Summary offence - enforcement action needed | $278 |\n| Indictable offence (serious crime) | $451 |\n| Youth (under 18) - summary offence, paid promptly | $20 |\n| Youth - summary offence, enforcement needed | $40 |\n| Youth - indictable offence | $60 |\n\n**Double levy for serious crimes:**\nCertain serious offences attract **twice** the normal levy, including:\n- Aircraft hijacking/offences\n- Most violent crimes (serious assaults, robbery)\n- Sexual offences\n- Attempted murder\n- Riot offences\n\n**Why this matters:**\nThese regulations ensure victims of crime receive financial support by automatically adding a fee to most criminal fines. The system distinguishes between minor and serious offences, gives discounts for prompt payment, and reduces amounts for young offenders."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations implement and specify rates, exemptions and youth adjustments within the delegated powers under the Victims of Crime Act 2001. They do not expand the Act’s core subject matter; instead they fix the proportion of fine revenue to be paid into the Victims of Crime Fund (20%) and set the numeric levy amounts and categories for application (reg 4; reg 5(3); Schedule 1). The legislative history shows the numeric schedule has been varied over time, but the regulations remain an implementation instrument rather than a change in the statutory scope of the Act."},"complexity_factors":["Numerical rules are fixed and simple (20% transfer; fixed levy amounts) (reg 4; Schedule 1).","Multiple conditional branches determine levy amounts: adult vs youth, summary vs indictable, enforcement-determination status, and listed serious-offence doubling (Schedule 1 cl 1–3).","A list of exempt issuing bodies requires issuer identification to determine levy applicability (reg 5(1)).","Classification work is required to decide whether an offence falls into the clause 2 list (Schedule 1 cl 2), which cross-references multiple statutes and parts.","Interplay with the Fines Enforcement and Debt Recovery Act 2017 (enforcement determinations and a statutory \"taken to have expiated\" rule) creates dependency on external statutory processes (reg 5(2); Schedule 1 cl 1(a)(i)–(ii)).","Administrative accuracy is necessary for revenue transfers to the Victims of Crime Fund (reg 4)."],"plain_english_summary":"These regulations implement the Victims of Crime Act 2001 by (a) requiring 20% of aggregate fines paid into General Revenue be transferred to the Victims of Crime Fund, and (b) imposing fixed victims‑of‑crime levies on people who expiate offences, with amounts varying by offence seriousness and offender age and exemptions for certain institutional issuers.\n\nThey affect individuals who pay expiation notices and the agencies that must apply rates and exemptions, and ensure a steady, formulaic funding stream for victim services."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The legislative text was not accessible due to a broken URL resulting from a website migration on or around 24 March 2026. No comparison between original intent and enacted provisions can be made."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","The complexity score of 1 reflects the absence of analysable content, not the inherent complexity of the legislation itself","Victims of crime levy regulations in other Australian jurisdictions typically involve moderate complexity due to tiered levy amounts, court discretion, and fund administration rules — but this cannot be confirmed for this instrument without the text"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation you've attempted to analyse — the **Victims of Crime (Fund and Levy) Regulations 2018 (SA)** — could not be retrieved. The link provided returned a **\"Page Not Found\" error** from the South Australian legislation website, likely due to a website migration that occurred around **24 March 2026**.\n\n### What we know from the title alone:\n- This is a **South Australian regulation** (subordinate law that sits under a parent Act)\n- It relates to the **Victims of Crime fund and levy** — meaning it likely sets out:\n  - How a **levy (a mandatory charge)** is applied, possibly to people convicted of offences\n  - How a **fund** (money collected from those levies) is managed and distributed to support crime victims\n- Regulations of this type typically cover amounts, exemptions, payment procedures, and administrative processes\n\n### What to do:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for *\"Victims of Crime (Fund and Levy) Regulations 2018\"*\n- Or email the SA Office of Parliamentary Counsel at **OPCWeb@sa.gov.au** to report the broken link\n\n*No substantive legal analysis can be provided without access to the actual legislative text.*"}},"importantCases":[],"_links":{"self":"/api/acts/victims-of-crime-fund-and-levy-regulations-2018","history":"/api/acts/victims-of-crime-fund-and-levy-regulations-2018/history","analysis":"/api/acts/victims-of-crime-fund-and-levy-regulations-2018/analysis","conflicts":"/api/acts/victims-of-crime-fund-and-levy-regulations-2018/conflicts","importantCases":"/api/acts/victims-of-crime-fund-and-levy-regulations-2018/important-cases","documents":"/api/acts/victims-of-crime-fund-and-levy-regulations-2018/documents"}}