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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales Fines Amendment (Payment of Victims Compensation Levies) Bill 2006 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Fines Act 1996 No 99 2 Schedule 1 Amendments 3 I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW SOUTH WALES. Clerk of the Legislative Assembly. Legislative Assembly, Sydney, , 2006 New South Wales Fines Amendment (Payment of Victims Compensation Levies) Bill 2006 Act No , 2006 An Act to amend the Fines Act 1996 in relation to the payment of victims compensation levies; to validate certain enforcement actions; and for other purposes. I have examined this Bill, and find it to correspond in all respects with the Bill as finally passed by both Houses. Chairman of Committees of the Legislative Assembly. Clause 1 Fines Amendment (Payment of Victims Compensation Levies) Bill 2006 The Legislature of New South Wales enacts: 1 Name of Act This Act is the Fines Amendment (Payment of Victims Compensation Levies) Act 2006. 2 Commencement This Act commences on the date of assent. 3 Amendment of Fines Act 1996 No 99 The Fines Act 1996 is amended as set out in Schedule 1. Page 2 Fines Amendment (Payment of Victims Compensation Levies) Bill 2006 Amendments Schedule 1 Schedule 1 Amendments (Section 3) [1] Section 3 Definitions Insert in alphabetical order in section 3 (1): compensation levy means a compensation levy payable under Part 5 of the Victims Support and Rehabilitation Act 1996. [2] Section 4 Meaning of "fine" Omit "payable under Part 5 of the Victims Compensation Act 1996" from section 4 (1) (d). [3] Section 4 (2A) Insert after section 4 (2): (2A) For the purposes of this Act, a compensation levy is taken to be a fine imposed by the court by which the person liable to pay the levy was convicted. [4] Section 18 Insert after section 17: 18 Special provision relating to certain compensation levies (1) This section applies to a compensation levy if the person liable to pay the levy (the offender) has been sentenced to a term of imprisonment by way of full-time detention in respect of the conviction that gave rise to the imposition of the levy (whether or not the sentence is consecutive with another sentence or concurrent with another sentence or partly consecutive and partly concurrent). (2) However, this section does not apply if the relevant sentence has been suspended. (3) Despite the other provisions of this Division, a compensation levy to which this section applies that is not paid by the due date may be enforced by deducting the amount due from the offender's prison earnings. (4) The appropriate deduction is to be made by the Commissioner of Corrective Services or the governor of the correctional centre in which the offender is imprisoned. (5) Money may be deducted from prison earnings in accordance with this section despite the provisions of any other Act or law. Page 3 Fines Amendment (Payment of Victims Compensation Levies) Bill 2006 Schedule 1 Amendments (6) Any amount of a compensation levy to which this section applies that remains unpaid when the offender is discharged from the correctional centre, or released on parole, is taken to have been satisfied. (7) Subsection (6) applies even if the offender's parole is subsequently revoked. (8) In this section, a reference to an offender's prison earnings is a reference to the payments (if any) to be made to the offender under section 7 of the Crimes (Administration of Sentences) Act 1999. [5] Schedule 3 Savings, transitional and other provisions Insert at the end of clause 1 (1): Fines Amendment (Payment of Victims Compensation Levies) Act 2006 [6] Schedule 3 Insert at the end of the Schedule, with appropriate Part and clause numbering: Part Provisions consequent on enactment of Fines Amendment (Payment of Victims Compensation Levies) Act 2006 Validation of enforcement of certain fines A compensation levy enforced, before the amendment of this Act by the Fines Amendment (Payment of Victims Compensation Levies) Act 2006, by means of an action that would have been authorised by this Act if this Act as so amended had been in force when the levy was enforced, is taken to have been validly enforced. Page 4
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