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Legislative Assembly for the ACT: 1996 Week 12 Hansard (21 November) . . Page.. 4247 ..

GUILT AND WHICH A COURT TAKES INTO ACCOUNT FOR SENTENCING PURPOSES.

IN THE CASE OF CHILDREN, A COURT WILL HAVE A DISCRETION TO ORDER THAT A CHILD IS NOT LIABLE TO PAY THE LEVY.

A COURT WILL ALSO HAVE A DISCRETION TO ORDER THAT A PERSON IS NOT LIABLE TO PAY THE LEVY FOR SECOND AND SUBSEQUENT CONVICTIONS IMPOSED ON THE OFFENDER ON THE SAME DAY. THIS DISCRETION WILL ALSO APPLY TO OFFENCES WHICH A COURT TAKES INTO ACCOUNT FOR SENTENCING PURPOSES. THIS IS TO ADDRESS THE SITUATION WHERE A PERSON HAS MULTIPLE CONVICTIONS. THE INTENTION IS THAT A COURT WILL CONSIDER POTENTIAL HARDSHIP TO AN OFFENDER AND, IF APPROPRIATE, HIS OR HER FAMILY, WHEN EXERCISING THIS DISCRETION.

THE LEVY WILL NOT APPLY TO CONVICTIONS THAT RESULT FROM PROSECUTION FOLLOWING THE SERVICE OF AN INFRINGEMENT NOTICE. THAT MEANS THAT A PERSON WHO RECEIVES, FOR INSTANCE, A TRAFFIC INFRINGEMENT NOTICE NEED NOT BE DETERRED FROM DISPUTING LIABILITY BECAUSE OF THE RISK OF INCURRING A LEVY IN ADDITION TO A FINE.

ALSO, THE BILL SEEKS TO AMEND SECTION 141 OF THE MAGISTRATES COURT ACT SO THAT THE LEVY AMOUNT IS IDENTIFIABLE IN COURT RECORDS AND CONVICTED PERSONS ARE AWARE OF THEIR LIABILITY TO PAY THE LEVY.

THE A.C.T. CRIMINAL LAW CONSULTATIVE COMMITTEE, WHICH
INCLUDES REPRESENTATIVES OF THE COURTS AND LEGAL
PROFESSIONAL BODIES, WAS CONSULTED ON THE BILL. THE BILL HAS

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