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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Procedure Amendment (Court
Costs Levy) Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209 3
Schedule 2 Consequential amendment of other Acts 6
b2012-146-11.d27
New South Wales
Criminal Procedure Amendment (Court
Costs Levy) Bill 2013
No , 2013
A Bill for
An Act to amend the Criminal Procedure Act 1986 to impose a court costs levy on
persons convicted of offences in certain summary proceedings; and for other
purposes.
Clause 1 Criminal Procedure Amendment (Court Costs Levy) Bill 2013
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Criminal Procedure Amendment (Court Costs Levy) 3
Act 2013. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Criminal Procedure Amendment (Court Costs Levy) Bill 2013
Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
Schedule 1 Amendment of Criminal Procedure Act 1
1986 No 209 2
[1] Section 211A 3
Insert after section 211: 4
211A Imposition of court costs levy 5
(1) An accused person who is convicted of an offence in summary 6
proceedings before a court is, by virtue of the conviction, liable 7
to pay a court costs levy that is of the amount prescribed by the 8
regulations. 9
(2) However, a court costs levy is not payable in relation to any of 10
the following: 11
(a) a conviction resulting in the imposition of a sentence of 12
imprisonment (unless the execution of the sentence is 13
suspended by the court), 14
(b) an order under section 10 (1) (a) of the Crimes (Sentencing 15
Procedure) Act 1999 in relation to an offence that is not 16
punishable by imprisonment, 17
(c) a finding of guilt in relation to a traffic offence (within the 18
meaning of section 210 of this Act) by the Local Court 19
when dealing with the accused person under Division 4 of 20
Part 3 of the Children (Criminal Proceedings) Act 1987, 21
(d) a conviction in proceedings before the Drug Court, 22
(e) a conviction that the regulations exempt from liability to 23
pay the levy. 24
(3) A convicted person who is under the age of 18 years is not liable 25
to pay the court costs levy if the court directs that the person is 26
exempt from liability to pay the levy in respect of the conviction. 27
Such a direction may be made when the court convicts the 28
person, or at any time afterwards. 29
(4) The court costs levy is in addition to, and does not form part of, 30
any pecuniary penalty imposed in respect of the offence. 31
(5) The court costs levy is to be paid to the registrar of the court. The 32
registrar is to pay the levy to the prosecutor if court costs have 33
been paid by the prosecutor in respect of the proceedings. 34
(6) The commencement of any proceedings by way of appeal 35
against, or review of, a conviction in respect of which the court 36
Page 3
Criminal Procedure Amendment (Court Costs Levy) Bill 2013
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
costs levy has been imposed on a person stays the liability of the 1
person to pay the levy. In such a case: 2
(a) the setting aside of any such conviction annuls that 3
liability, and 4
(b) the dismissal of any such proceedings removes the stay of 5
liability. 6
(7) To avoid doubt, this section extends to: 7
(a) proceedings conducted in the absence of the accused 8
person, and 9
(b) proceedings in which a person who was under the age of 10
18 years when an offence was allegedly committed pleads 11
guilty to, or is found guilty of, an offence in proceedings 12
before a court, but not if the person is dealt with under 13
Division 4 of Part 3 of the Children (Criminal 14
Proceedings) Act 1987. 15
(8) In this section, a reference to a person being convicted includes a 16
reference to an order being made in relation to the person under 17
section 10 of the Crimes (Sentencing Procedure) Act 1999. 18
Note 1. This section does not apply in respect of criminal proceedings 19
before the Children's Court (see section 27 (2A) of the Children (Criminal 20
Proceedings) Act 1987). Section 42A of that Act provides for the 21
Children's Court to make orders regarding court costs at its discretion. 22
Note 2. Section 4 of the Fines Act 1996 provides that a court costs levy 23
payable under this section is, for the purposes of that Act, taken to be a 24
fine imposed by the court that convicted the person or found the person 25
guilty. 26
[2] Section 215 When professional costs may be awarded to prosecutor 27
Omit section 215 (1) (b) and (2). 28
[3] Section 215 (4) 29
Insert "under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 30
1987 or" after "made". 31
[4] Section 215 (4) 32
Omit "that section". Insert instead "the relevant section". 33
[5] Schedule 2 Savings, transitional and other provisions 34
Insert at the end of clause 1 (1): 35
Criminal Procedure Amendment (Court Costs Levy) Act 2013 36
Page 4
Criminal Procedure Amendment (Court Costs Levy) Bill 2013
Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
[6] Schedule 2 1
Insert at the end of the Schedule with appropriate Part and clause numbers: 2
Part Provisions consequent on enactment of 3
Criminal Procedure Amendment (Court 4
Costs Levy) Act 2013 5
Court costs levy applies to convictions in commenced 6
proceedings 7
The amendments made by the Criminal Procedure Amendment 8
(Court Costs Levy) Act 2013 extend to proceedings commenced 9
but not finally determined immediately before the 10
commencement of the amendments. 11
Review of amendments 12
(1) The Minister is to ensure that the operation of the amendments 13
made by the Criminal Procedure Amendment (Court Costs Levy) 14
Act 2013 are reviewed to determine whether the policy objectives 15
of those amendments remain valid and whether the relevant terms 16
of this Act remain appropriate for securing those objectives. 17
(2) The review is to be undertaken as soon as possible after the period 18
of 12 months from the date of commencement of section 211A. 19
Page 5
Criminal Procedure Amendment (Court Costs Levy) Bill 2013
Schedule 2 Consequential amendment of other Acts
Schedule 2 Consequential amendment of other Acts 1
2.1 Children (Criminal Proceedings) Act 1987 No 55 2
[1] Section 27 Application of Criminal Procedure Act 1986 and other Acts 3
Insert after section 27 (2): 4
(2A) Despite subsection (2), section 211A of the Criminal Procedure 5
Act 1986 does not apply in respect of criminal proceedings before 6
the Children's Court. 7
[2] Section 42A 8
Insert after section 42: 9
42A Children's Court may make orders regarding court costs 10
(1) The Children's Court may, at the end of summary proceedings in 11
which a person is found guilty of an offence, order that the person 12
pay court costs. 13
(2) Court costs ordered to be paid under this section are in addition 14
to, and do not form part of, any pecuniary penalty imposed in 15
respect of the offence. 16
(3) The court costs are to be paid to the registrar of the court. The 17
registrar is to pay the costs to the prosecutor if court costs have 18
been paid by the prosecutor in respect of the proceedings. 19
(4) The amount of court costs ordered to be paid under this section 20
cannot exceed the amount of the court costs levy that would be 21
payable under section 211A of the Criminal Procedure Act 1986 22
if that section applied to the offence. 23
(5) An order for the payment of court costs by a person may be 24
included in any order made under section 33 in relation to the 25
person. 26
(6) This section applies to all summary proceedings before the 27
Children's Court, including proceedings conducted in the 28
absence of the accused person. 29
(7) This section applies to summary proceedings before the Local 30
Court relating to a traffic offence in which a person is dealt with 31
under Division 4 (by virtue of section 210 of the Criminal 32
Procedure Act 1986) in the same way as it applies to proceedings 33
before the Children's Court. 34
Page 6
Criminal Procedure Amendment (Court Costs Levy) Bill 2013
Consequential amendment of other Acts Schedule 2
(8) This section does not apply to a finding of guilt that the 1
regulations exempt from the operation of this section. 2
(9) An order made by a court under this section for the payment of 3
costs is taken to be a fine within the meaning of the Fines Act 4
1996. 5
[3] Schedule 2 Savings and transitional provisions 6
Omit clause 1 (1). Insert instead: 7
(1) The regulations may contain provisions of a savings or 8
transitional nature consequent on the enactment of any Act that 9
amends this Act. 10
[4] Schedule 2, Part 18 11
Insert after Part 17: 12
Part 18 Criminal Procedure Amendment (Court 13
Costs Levy) Act 2013 14
31 Application of amendments 15
Sections 27 (2A) and 42A extend to proceedings commenced but 16
not finally determined immediately before the commencement of 17
those provisions. 18
2.2 Fines Act 1996 No 99 19
[1] Section 4 Meaning of "fine" 20
Insert after section 4 (1) (d): 21
(d1) any court costs levy payable under section 211A of the 22
Criminal Procedure Act 1986 in proceedings for an 23
offence, or 24
[2] Section 4 (2A) 25
Omit the subsection. Insert instead: 26
(2A) For the purposes of this Act: 27
(a) a compensation levy is taken to be a fine imposed by the 28
court by which the person liable to pay the levy was 29
convicted, and 30
Page 7
Criminal Procedure Amendment (Court Costs Levy) Bill 2013
Schedule 2 Consequential amendment of other Acts
(b) a court costs levy payable under section 211A of the 1
Criminal Procedure Act 1986 is taken to be a fine imposed 2
by the court by which the person liable to pay the court 3
costs levy was convicted or found guilty. 4
Page 8
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