2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Victims of Crime (Financial Assistance ) Amendment Bill 2003
Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Act amended	2
	4	Definitions for Act
Section 2, definitions	2
	5	Section 2, remainder	2
	6	Financial assistance for primary victims and responsible persons
Section 10 (1) (d), (e) and (f)	3
	7	Section 10 (5)	3
	8	No financial assistance for primary victims or responsible persons
Section 12 (1) (b) and (c)	3
	9	No financial assistance for related victims
Section 18 (1) (c) and (d)	3
	10	Application for financial assistance
Section 27 (1), note	4
	11	Section 27 (1) (b) (v)	4
	12	New section 27 (1) (b) (vi)	4
	13	New part 8	5
	14	New dictionary	6
	15	Victims of Crime (Financial Assistance) Regulations 1998, regulation 3A	7

2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Victims of Crime (Financial Assistance ) Amendment Bill 2003

A Bill for
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:

1	Name of Act
This Act is the Victims of Crime (Financial Assistance) Amendment Act 2003.
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	Act amended
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).
4	Definitions for Act
Section 2, definitions
relocate to dictionary
5	Section 2, remainder
substitute
2	Dictionary
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)).
2A	Notes
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.
6	Financial assistance for primary victims and responsible persons
Section 10 (1) (d), (e) and (f)
substitute
	(d)	special assistance of $30,000.
7	Section 10 (5)
omit
8	No financial assistance for primary victims or responsible persons
Section 12 (1) (b) and (c)
substitute
	(b)	if the amount of the assistance that would be awarded apart from this subsection is less than $100.
9	No financial assistance for related victims
Section 18 (1) (c) and (d)
substitute
	(c)	if, at the time the criminal injury was sustained, the primary victim was engaged in the commission of a serious crime.
10	Application for financial assistance
Section 27 (1), note
omit
11	Section 27 (1) (b) (v) 
omit last mention of
incapable
substitute
incapable; and
12	New section 27 (1) (b) (vi)
insert
	(vi)	any other document under the applicant’s control that is relevant to the claim.
Examples of other documents 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.
13	New part 8
insert
Part 8	Transitional—Victims of Crime (Financial Assistance) Amendment Act 2003
80	Meaning of commencement day for pt 8
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.
81	Pre-commencement day applications
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.
82	Pre-commencement day injuries 
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.
83	Expiry of part 8
	(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.
14	New dictionary
insert
Dictionary
(see s 2)
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.
15	Victims of Crime (Financial Assistance) Regulations 1998, regulation 3A
omit
$650
substitute
$800

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

© Australian Capital Territory 2003