5Liability of convicted persons to pay compensation levy

5 Liability 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.