2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

2003

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

An Act to amend the Victims of Crime (Financial Assistance) Act 1983, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Victims of Crime (Financial Assistance) Amendment Act 2003.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Victims of Crime (Financial Assistance) Act 1983.

Note This Act also amends the Victims of Crime (Financial Assistance) Regulations 1998 (see s 15).

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘criminal injury—see section 4.’ means that the term ‘criminal injury’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

(d) special assistance of $30,000.

(b) if the amount of the assistance that would be awarded apart from this subsection is less than $100.

(c) if, at the time the criminal injury was sustained, the primary victim was engaged in the commission of a serious crime.

incapable

incapable; and

(vi) any other document under the applicant’s control that is relevant to the claim.

1 photographs of injuries or damaged property

2 dental records

3 statements from witnesses at the scene of the crime

Note 1 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Note 2 If a form is approved under s 73 for an application, the form must be used.

In this part:

commencement day means the day the amendments of this Act made by the Victims of Crime (Financial Assistance) Amendment Act 2003 commenced.

Section 27 as in force immediately before the commencement day continues to apply in relation to an application filed with the office of the registrar before the commencement day.

This Act (other than section 27) as in force immediately before the commencement day continues to apply in relation to an injury sustained before the commencement day.

(1) This part expires 2 years after the commencement day.

(2) This part is a law to which the Legislation Act, section 88 (Repeal does not end the effect of transitional laws etc) applies.

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:

• ACT

• chief executive (see s 163)

• government solicitor

• police officer

• the Territory.

assisted person, for part 4 (Recovery of financial assistance)—see section 52.

convicted—see section 6 (References to convictions—finding of proof without proceeding to conviction).

Note For an extended meaning of convicted for pt 5 (Compensation levy), see s 67.

conviction—see section 6.

defendant, for part 4 (Recovery of financial assistance)—see section 52.

levy, for part 5 (Compensation levy)—see section 65.

notice of objection, for part 4 (Recovery of financial assistance)—see section 52.

order for restitution, for part 4 (Recovery of financial assistance)—see section 52.

provisional order for restitution, for part 4 (Recovery of financial assistance)—see section 52.

recovery proceedings, for part 4 (Recovery of financial assistance)—see section 52.

related crime, for part 4 (Recovery of financial assistance)—see section 52.

$650

$800

For the latest republication of amended laws, see www.legislation.act.gov.au.