Australian Capital Territory Repealed Acts

This legislation has been repealed.

VICTIMS OF CRIME (FINANCIAL ASSISTANCE) ACT 1983 (REPEALED) - SECT 37

    (1)     On an application by a primary victim who is a primary victim solely because of having had a violent crime committed against him or her, if the victim was intoxicated at the time the criminal injury was sustained, the Magistrates Court must calculate the amount of financial assistance to be awarded to the victim by reference to the degree of injury the court considers that the victim would have sustained if he or she had not been intoxicated at that time.

    (2)     Subsection (1) does not apply to an application by a primary victim if the criminal injury resulted from criminal conduct in relation to a sexual crime committed against the primary victim.

    (3)     In this section:

"intoxicated" means intoxicated as a result of the voluntary consumption of alcohol or the voluntary administration of a controlled medicine, or prohibited substance, within the meaning of the Medicines, Poisons and Therapeutic Goods Act 2008

.

"sexual crime "means any of the following offences:

        (a)     an offence against the Crimes Act 1900

, part 3 (an ACT sexual offence );

        (b)     an offence against a law of the Commonwealth, a State or another Territory corresponding to an ACT sexual offence;

        (c)     an offence against a law of the Commonwealth, a State or another Territory corresponding to a provision of the Criminal Code

, part 2.4 (Extensions of criminal responsibility) or section 717 (Accessory after the fact) in relation to an offence mentioned in paragraph (b).

Note     A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act

, s 189).