“34B. (1) Subject to subsection (2), this Part applies to all offences that are dealt with by the Supreme Court, the Magistrates Court, or the Childrens Court.

“(2) This Part does not apply to an offence—

        (a)     in respect of which a reparation order is made under—

              (i)     section 437 of the Crimes Act 1900 ;

              (ii)     section 47 of the Children's Services Act 1986 ; or

              (iii)     section 21B of the Crimes Act 1914 of the Commonwealth; or

        (b)     in respect of which an infringement notice has been served.

“(3) In subsection (2)—

        (a)     a traffic infringement notice under the Motor Traffic Act 1936 , the Motor Traffic (Alcohol and Drugs) Act 1977 or the Traffic Act 1937 ;

        (b)     an offence notice under the Drugs of Dependence Act 1989 ;

        (c)     a litter notice under the Litter Act 1977 ; or

        (d)     an infringement notice under the Dog Control Act 1975 , the Motor Omnibus Services Act 1955 , the Nature Conservation Act 1980 , the Sale of Motor Vehicles Act 1977 or the Motor Vehicles (Dimensions and Mass) Act 1990 .

“34C. For the purposes of this Part, a person who has committed an offence—

        (a)     in respect of which an order has been made under—

              (i)     subsection 556A (1) of the Crimes Act 1900 ;

              (ii)     section 48 of the Children's Services Act 1986 ; or

              (iii)     subsection 19B (1) of the Crimes Act 1914 of the Commonwealth; or

        (b)     that has been taken into account under section 448 of the Crimes Act 1900 ;

shall be taken to have been convicted of that offence.

“34D. (1) A person who, after the commencement of this section, is convicted of an offence to which this Part applies (whether the offence was committed before or after that commencement) is liable to pay to the Territory a levy of $30.

“(2) The levy is in addition to, and does not form part of, any pecuniary penalty imposed in respect of the offence.

“(3) Any money paid to the Territory in respect of an offence to which this Part applies is to be applied towards the discharge of liability for the levy before it is applied towards the discharge of liability for any pecuniary penalty imposed in respect of the offence.

“34E. (1) A person who is under 18 years of age is not liable to pay the levy if the court by which the person is convicted directs (whether at the time of conviction or at any later time) that the person is exempt from liability to pay the levy.

“(2) The court before which a person is convicted of an offence may exempt the person from liability to pay the levy in respect of—

        (a)     that offence if, earlier on the same day, the court had convicted the person of another offence; or

        (b)     another offence which the court has taken into account under section 448 of the Crimes Act 1900 in passing sentence for the first-mentioned offence.

“34F. (1) The commencement of any proceedings by way of appeal against, or review of, a conviction for an offence in respect of which a levy is imposed on a person stays the liability of the person to pay the levy.

“(2) The setting aside of a conviction of a person annuls the liability of the person to pay the levy.

“(3) The dismissal of proceedings by way of appeal against, or review of, a conviction removes the stay of liability.

Consequential amendment of Magistrates Court Act 1930