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This is a Bill, not an Act. For current law, see the Acts databases.


VICTIMS OF CRIME AMENDMENT BILL 2007

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Attorney-General)

Victims of Crime Amendment Bill 2007





Contents

Page



Part 1.1 Crimes (Sentencing) Act 2005 5

Part 1.2 Magistrates Court Act 1930 5

Part 1.3 Victims of Crime Regulation 2000 6

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Attorney-General)

Victims of Crime Amendment Bill 2007





A Bill for

An Act to amend the Victims of Crime Act 1994, and for other purposes













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



1 Name of Act

This Act is the Victims of Crime Amendment Act 2007.

2 Commencement

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)).

3 Legislation amended

This Act amends the Victims of Crime Act 1994.

Note This Act also amends the following legislation (see sch 1):

Crimes (Sentencing) Act 2005

Magistrates Court Act 1930

Victims of Crime Regulation 2000.

4 Part 5

substitute

Part 5 Victims services levy

23 Meaning of offence––pt 5

In this part:

offence means an offence dealt with by the Supreme Court or the Magistrates Court other than an offence prescribed by regulation.

24 Imposition of victims services levy

(1) A levy (a victims services levy) is imposed to provide a source of revenue to improve services for victims of crime.

(2) An adult who is convicted of an offence and ordered by a court to pay a fine in relation to the offence, is liable to pay the Territory a victims services levy of $10.

Note The victims services levy is recoverable under the Magistrates Court Act 1930, pt 3.9 (Enforcement of criminal decisions). However, that Act, s 154D (Fine defaulters––imprisonment) does not apply in relation to the victims services levy.

(3) The victims services levy is in addition to, and does not form part of, the fine.

25 Notice of levy

(1) The amount of the victims services levy payable by a person must be stated on––

(a) the fine order; and

(b) any notice or copy of the fine order given to the person.

(2) In this section:

fine order––see the Crimes (Sentencing) Act 2005, section 14 (2).

26 Levy not to be reduced

(1) A court must not reduce the victims services levy payable by a person or exonerate a person from liability to pay the levy.

(2) However, the court may exonerate the person from liability to pay the levy if satisfied in the circumstances of the case that paying the levy is likely to cause undue hardship.

27 Effect of appeal etc

(1) The commencement of any proceeding to appeal against, or for review of, a conviction for an offence for which a victims services levy is imposed on a person stays the person’s liability to pay the levy.

(2) Setting aside the conviction annuls the person’s liability to pay the victims services levy.

(3) Dismissal of the appeal or review removes the stay of liability.

Part 6 Miscellaneous

28 Regulation-making power

The Executive may make regulations for this Act.

Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

5 Dictionary, note 2, new dot points

insert

• Magistrates Court

• Supreme Court

6 Dictionary, definition of offence

substitute

offence––

(a) for this Act generally––means an offence against a law in force in the ACT; and

(b) for part 5 (Victims services levy)––see section 23.

7 Dictionary, new definition of victims services levy

insert

victims services levy––see section 24.



Schedule 1 Consequential amendments

(see s 3)

Part 1.1 Crimes (Sentencing) Act 2005

[1.1] Section 14 (5), note

substitute

Note 1 The Victims of Crime Act 1994, s 25 (1) requires the amount of the victims services levy payable by a person (in relation to an offence to which that Act, pt 5 applies), to be stated on a fine order and on any notice or copy of the fine order given to the person.

Note 2 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).

Part 1.2 Magistrates Court Act 1930

[1.2] Section 141 (2), new note

insert

Note The Victims of Crime Act 1994, s 25 (1) requires the amount of the victims services levy payable by a person (in relation to an offence to which that Act, pt 5 applies), to be stated on a fine order under the Crimes (Sentencing) Act 2005 and on any notice or copy of the fine order given to the person.

[1.3] Section 146, definition of fine, new paragraph (da)

insert

(da) a victims services levy imposed under the Victims of Crime Act 1994; or

[1.4] Section 154D (4)

substitute

(4) This section does not apply to a person if the person’s liability to pay the fine is derived from––

(a) the imposition of a victims services levy under the Victims of Crime Act 1994; or

(b) the imposition of a levy under the Victims of Crime (Financial Assistance) Act 1983; or

(c) a reparation order under the Crimes (Sentencing) Act 2005.

Note A reparation order under the Crimes Act 1900, s 350 (repealed) is taken to be a reparation order under the Crimes (Sentencing) Act 2005, s 142.

Part 1.3 Victims of Crime Regulation 2000

[1.5] New section 49A

insert

49A Victims services levy––excluded offences

For the Act, section 23, the offences mentioned in schedule 1 are prescribed offences to which the victims services levy does not apply.

[1.6] New schedule 1

insert

Schedule 1 Victims services levy––excluded offences

(s 49A)

Part 1.1 Australian Road Rules



column 1

item

column 2

offence provision and, if relevant, case

column 3

short description

1

167

disobey no stopping sign

2

168 (1)

disobey no parking sign

3

169

stop at side of road with continuous yellow edge line

4

170 (2)

stop on/near intersection (traffic lights)

5

170 (3)

stop on/near intersection (no traffic lights)

6

171 (1)

stop on/near children’s crossing

7

172 (1)

stop on/near pedestrian crossing

8

173 (1)

stop on/near marked foot crossing

9

174 (2)

stop near bicycle crossing lights

10

175 (1)

stop on/near level crossing

11

176 (1)

stop on clearway

12

177 (1)

stop on freeway

13

178

stop in emergency stopping lane

14

179 (1)

stop in loading zone

15

179 (2) (a)

stop in loading zone longer than ½ hour

16

179 (2) (b)

stop in loading zone longer than indicated

17

179 (2) (c)

stop in loading zone longer than permitted

18

180 (1)

stop in truck zone

19

181 (1)

stop in works zone

20

182 (1)

stop in taxi zone

21

183 (1)



21.1

• for a bus zone in a clearway, transit lane or bus lane

stop in bus zone (clearway/transit lane/bus lane)

21.2

• other than for a bus zone in a clearway, transit lane or bus lane

stop in bus zone (not clearway/transit lane/ bus lane)

22

184 (1)



22.1

• for a minibus zone in a clearway, transit lane or bus lane

stop in minibus zone (clearway/transit lane/ bus lane)

22.2

• other than for a minibus zone in a clearway, transit lane or bus lane

stop in minibus zone (not clearway/transit lane/bus lane)

23

185 (1)

stop in permit zone

24

186 (1)

stop in mail zone

25

187

stop in/on bus/transit/truck/bicycle/tram lane/tracks

26

188

stop in shared zone

27

189 (1)

double park

28

190 (1)

stop in/near safety zone

29

191

stop near obstruction so as to obstruct traffic

30

192 (1)

stop on structure

31

192 (2)

stop in tunnel/underpass

32

193 (1)

stop on crest/curve outside built-up area

33

194 (1)

stop near fire hydrant/indicator/plug indicator

34

195 (1)

stop at/near bus stop

35

196 (1)

stop at/near tram stop

36

197 (1)

stop on path/strip in built-up area

37

198 (1)

obstruct access to ramp/path/passageway

38

198 (2)

stop on/across driveway/other access to/from land

39

199 (1)

stop near postbox

40

200 (1)

not stop heavy/long vehicle on road shoulder

41

200 (2)

stop heavy/long vehicle longer than 1 hr

42

201

disobey bicycle parking sign

43

202

disobey motorbike parking sign

44

203 (1)

stop in parking area for disabled

45

203A

stop in slip lane

46

205

park continuously for longer than permitted

47

208 (1)



47.1

• by contravening 208 (2)

not parallel park in direction of travel

47.2

• by contravening 208 (3)

not parallel park near left

47.3

• by contravening 208 (4)

not parallel park near road side

47.4

• by contravening 208 (5)

parallel park close to front/back of vehicle

47.5

• by contravening 208 (6)

parallel park close to dividing line/strip

47.6

• by contravening 208 (7)

parallel park close if no dividing line/strip

47.7

• by contravening 208 (8)

park so as to obstruct vehicles/pedestrians

48

209 (2) (a)

not parallel park in direction of travel

49

209 (2) (b)

not parallel park near centre of median strip

50

209 (2) (c)

parallel park close to front/back of vehicle

51

210 (1)



51.1

• by contravening 210 (2) (a)

not park at specified angle

51.2

• by contravening 210 (2) (b)

not park rear out at specified angle

51.3

• by contravening 210 (2A) (a)

not park at 45° (no angle specified)

51.4

• by contravening 210 (2A) (b)

not park rear out at 45°

51.5

• by contravening 210 (3) (a)

not park at 90°

51.6

• by contravening 210 (3) (b) (i)

not park rear in/front in at 90° as specified

51.7

• by contravening 210 (4) (a) (i)

not park rear in at specified angle

51.8

• by contravening 210 (4) (a) (ii)

not park rear in at 45° (no angle specified)

52

211 (1)

disobey park in bays only sign

53

211 (2)

not park wholly within parking bay

54

211 (3)

use more parking bays than necessary

Part 1.2 Road Transport (Safety and Traffic Management) Regulation 2000



column 1

item

column 2

offence provision and, if relevant, case

column 3

short description

1

44 (1)

park outside metered space

2

44 (2)

park in occupied metered space

3

44 (3)

park not completely in metered space

4

44A (1)

park without paying meter fee

5

44B (1)

park after meter expired

6

44B (2)

park for longer than allowed by meter signs

7

46 (2)

park in closed metered space

8

49 (1)

park outside ticket space

9

49 (3)

park in occupied ticket space

10

49 (4)

park not completely in ticket space

11

49A (1)

park without current/current equivalent ticket displayed/properly displayed

12

49B (1)

park after ticket expired

13

49B (2)

park for longer than allowed by ticket signs

14

51 (3)

park in closed ticket area/space

15

57A (1)



15.1

• for a bus zone in a clearway, transit lane or bus lane

stop public bus in bus zone (clearway/transit lane/bus lane)

15.2

• other than for a bus zone in a clearway, transit lane or bus lane

stop public bus in bus zone (not clearway/transit lane/bus lane)

16

57A (3)

stop public bus at/near bus stop

17

85 (2)

park stock truck/enclosed semitrailer/commercial vehicle with height > 3.6m on residential land

18

86 (2)

park vehicle/combination with length > 7.5m and GVM > 4.5t on land adjoining residential land longer than 1 hour

19

87 (2)

park commercial vehicle with length > 6m/ height > 2.6m/GVM > 3.75t on residential land with multi-unit development

Part 1.3 Australian National University Act 1991 (Cwlth)––Parking and Traffic Statute (No 2) 2007



column 1

item

column 2

offence provision and, if relevant, case

column 3

short description

1

16 (1)

stand or park without voucher displayed

2

16 (2)

stand or park after voucher expired

3

29 (3) (a)

park outside marked parking bay

4

29 (3) (b)

park on or across bay road marking

5

29 (4) (a)

park in a way that obstructs other drivers

6

29 (4) (b)

park in a way that impedes other drivers

7

29 (4) (c)

park in a way that inconveniences other drivers

8

30 (3)

park in loading zone

9

30 (4) (a)

park in loading zone after unloading or loading completed

10

30 (4) (b)

park in loading zone longer than signs indicate

11

11.1

31 (1)

• in the case of parking a vehicle



park in area other than road or off-street parking area without permission

12

32 (1)

stop or park other than adjacent to left-hand road boundary

13

32 (2)

stop or park adjacent to right- hand road boundary other than in accordance with parking sign

14

33 (1)

park contrary to road marking or parking sign

15

33 (2)

stop or park contrary to no stopping sign

16

33 (3) (a)

stop or park alongside red kerb or barrier

17

33 (3) (b)

stop or park over red kerb or red part of road

18

33 (4)

park contrary to no parking sign

19

33 (5) (a)

park alongside yellow kerb or barrier

20

33 (5) (b)

park over yellow kerb or yellow part of road

21

33 (6)

park adjacent to road side or parking area marked with continuous yellow line

22

33 (7) (a)

park contrary to time period indicated on parking sign

23

33 (7) (b)

not park at specified angle indicated on parking sign

24

33 (7) (c) (i)

park unauthorised vehicle in authorised vehicle area contrary to parking sign

25

33 (7) (c) (ii)

park in authorised vehicle area without displaying label

26

33 (7) (d) (i)

park in permit parking area without permit

27

33 (7) (d) (ii)

park in permit parking area without displaying permit parking label

28

34 (1)

stop or park in bus stop

29

35 (1)

park or stop in off-road parking area contrary to no parking or no stopping sign

30

35 (2)

park or stop in off-road parking area contrary to time period indicated on sign

31

35 (3) (a)

park unauthorised vehicle in off-road authorised vehicle area contrary to sign

32

35 (3) (b)

park in off-road authorised vehicle area without displaying label

33

35 (3) (c)

park in off-road disabled driver vehicle area without displaying valid disability permit

34

35 (4)

park in off-road permit parking area without displaying permit parking label

35

36 (1)

stop or park so as to cause danger/obstruction/inconvenience

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2007.

2 Notification

Notified under the Legislation Act on 2007.

3 Republications of amended laws

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













































© Australian Capital Territory 2007

 


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