Northern Territory Numbered Acts

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VICTIMS OF CRIME ASSISTANCE ACT 2006 (NO 15 OF 2006) - SECT 61

Imposition of levy

    (1)     A levy is imposed to provide a source of revenue for the Fund.

    (2)     Subject to any exceptions prescribed by regulation, a levy is imposed on a person:

    (a)     who is found guilty of an offence but not imprisoned for the offence; or

    (b)     who expiates an offence by paying an amount specified in an infringement notice issued to the person; or

    (c)     against whom an enforcement order is made.

    (3)     The levy imposed under subsection (2)(a):

    (a)     on an adult:

        (i)     is $60 for an offence following prosecution on indictment; or

        (ii)     is $40 for any other offence; or

    (b)     on a child is $20.

    (4)     The amount of the levy imposed on a person under subsection (2)(a) must be specified in:

    (a)     the formal record of the finding of guilt and sentence; and

    (b)     the notice of the finding of guilt or sentence given to the person.

    (5)     A levy imposed under subsection (2)(a) is taken to be the fine or money (or to form part of the fine or money) the court has ordered to be paid for the offence, and payment of the levy may be enforced under the Fines and Penalties (Recovery) Act .

    (6)     The levy imposed under subsection (2)(b) or (c):

    (a)     is $10; and

    (b)     must be specified in the relevant infringement notice or enforcement order.

    (7)     Despite any other law in force in the Territory, a person on whom a levy is imposed under subsection (2)(b) or (c) is not immune from prosecution for the relevant offence unless the amount specified in the infringement notice or enforcement order and the levy imposed by this section are paid.

    (8)     If money is paid by a person on whom a levy is imposed under subsection (2)(b) or (c), the money must be initially appropriated towards meeting the person's liability for the levy.

    (9)     A court must not reduce a levy payable by a person or exonerate a person found guilty of an offence from liability to pay a levy.

    (10)     In this section:

"enforcement order" has the same meaning as in the Fines and Penalties (Recovery) Act ;

"infringement notice" has the same meaning as in section 9 of the Fines and Penalties (Recovery) Act ;

"offence" means any offence against a law in force in the Territory.



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