1Victims of Crime (Fund and Levy) Regulations 2018

South Australia Victims of Crime (Fund and Levy) Regulations 2018 under the Victims of Crime Act 2001

Contents 1 Short title 3 Interpretation 4 Prescribed proportion to be paid into Fund (section 30 of Act) 5 Imposition of levy (section 32 of Act) Schedule 1—Victims of crime levy Legislative history

1—Short title These regulations may be cited as the Victims of Crime (Fund and Levy) Regulations 2018. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Victims of Crime Act 2001; youth has the same meaning as in the Young Offenders Act 1993. 4—Prescribed proportion to be paid into Fund (section 30 of Act) For 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%. 5—Imposition of levy (section 32 of Act) (1) For 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— (a) the 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 (b) the notice is issued by a university or other tertiary educational institution established by an Act; or (c) the notice is issued by an incorporated hospital (within the meaning of the Health Care Act 2008); or (d) the notice is issued by the Institute of Medical and Veterinary Science; or (e) the notice is issued by the Board of the Botanic Gardens and State Herbarium. (2) A 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. (3) For the purposes of section 32(4) of the Act, the amount of the levy is fixed by Schedule 1. 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 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

$105

(ii)	in any other case

$278

(b)	the amount of the levy in respect of an indictable offence is

$451 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 270AB or 270B;


(vi)	an offence against section 270A involving the attempt of an offence otherwise listed in this clause (other than in subparagraph (v));


(c)	an offence against section 6 of the Summary Offences Act 1953.