2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Victims of Crime Amendment Bill 2007

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Part 5	2
	5	Dictionary, note 2, new dot points	4
	6	Dictionary, definition of offence	4
	7	Dictionary, new definition of victims services levy	4
Schedule 1	Consequential amendments	5
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