South Australia Victims of Crime (Fund and Levy) Regulations 2003 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 2003. 3--Interpretation In these regulations-- 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 per cent. 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; or (f) the offence is under the Technical and Further Education (Vehicles) Regulations 1998. (2) 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 $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 Legislative history Notes o Please 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. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o For 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. Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2003 222 Gazette 30.10.2003 p3965 30.10.2003: r 2 2007 190 Gazette 28.6.2007 p2903 1.7.2007: r 2 2008 198 Gazette 26.6.2008 p2732 1.7.2008: r 2 2009 193 Gazette 25.6.2009 p3035 1.7.2009: r 2 2010 236 Gazette 2.12.2010 p5459 1.1.2011: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.7.2007 r 3 youth inserted by 236/2010 r 4 1.1.2011 r 5 r 5(1) varied by 198/2008 r 4 1.7.2008 Sch 1 substituted by 190/2007 r 4 1.7.2007 substituted by 193/2009 r 4 1.7.2009 substituted by 236/2010 r 5 1.1.2011 Historical versions 1.7.2007 1.7.2008 1.7.2009