• “(1A) When considering undue hardship or other special circumstances under subsection (1), a court must not take into account that the offender is required to pay a levy under section 105B.”

• “(3) Subsection (2) is subject to section 105C.”

• “(5) When considering the financial capacity of the offender under subsection (1), the court must not take into account that the offender is required to pay a levy under section 105B.”

“Subpart 4A—Offender levy and victims' services bank account

“105A Interpretation

• For the purposes of this subpart, unless the context otherwise requires,—

  “account means the Crown bank account known as the victims' services bank account established under section 105G

  “approved agency means an organisation for the time being approved by the Secretary under section 105J

  “Secretary means the Secretary for Justice; and includes a person or body authorised by the Secretary to exercise or perform his or her functions, powers, and duties under this Act.

“105B Offender to pay levy

• “(1) This section applies to an offender who has been convicted of an offence.

  “(2) On being sentenced or otherwise dealt with by a court in relation to 1 or more offences, the offender must pay a levy.

  “(3) The levy is not a sentence and is in addition to any sentence.

“105C Priority of payments received from offender

• If the court imposes or has previously imposed on an offender a sentence or an order of reparation or a sentence of a fine, or both, any payments received from the offender must be applied in the following order of priority:

  • “(a) in payment of the amount due under any sentence or order of reparation:

  • “(b) in payment of the offender levy:

  • “(c) in payment of any fine.

“105D Amount of levy

• The amount of the levy payable under section 105B is $50 unless regulations made under section 147 prescribe otherwise.

“105E Payment of levy

• An offender must pay the levy to the Secretary, who must pay the levy into the account.

“105F Distribution of money in account

• The Secretary may, from time to time, pay to an approved agency any amount of money from money that is held in the account.

“105G Victims' services bank account

• The Secretary must, for the purposes of this subpart, establish through the Treasury a separate Crown bank account to be known as the victims' services bank account.

“105H Payments from, and other operation of, account

• The Secretary must ensure that money is paid out of the account, and that the account is otherwise operated, only as permitted or required by this subpart or by regulations made under section 105I.

“105I Regulations on operation of account

• The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  • “(a) providing for the circumstances and manner in which money may or must be paid out of the account:

  • “(b) providing for the manner in which, and the conditions subject to which, the Secretary may or must otherwise operate the account.

“105J Approval of agency

• “(1) The Secretary may approve an organisation as an approved agency for the purposes of this subpart.

  “(2) Before approving an organisation as an approved agency, the Secretary must be satisfied that—

  • “(a) the organisation has as one of its roles providing services to victims of crime; and

  • “(b) any amount paid to the organisation under section 105F will be applied to provide services to victims of crime; and

  • “(c) the organisation has members with the knowledge, experience, and skills to provide services to victims of crime; and

  • “(d) the organisation has in place administrative arrangements that will enable money received by the organisation to be accounted for.

  “(3) The Secretary may at any time, by notice in writing to an organisation approved under subsection (1), revoke that approval if the Secretary is no longer satisfied of the matters set out in subsection (2) or of any other matters that the Secretary considers relevant.”

• “(c) the amount of any levy payable under section 105B.”

• “(2A) However, if the only amount payable is the levy,—

  • “(a) Part 3 of the Summary Proceedings Act 1957 applies (even if sections 19 and 19B to 19F of the Crimes Act 1961 would be applicable); but

  • “(b) sections 83(2)(a) and (b), 87(1)(a), and 88 of the Summary Proceedings Act 1957 do not apply and the following references must be read as follows:

    • “(i) the reference in section 88B(1)(a) to the amount of $25 must be read as a reference to the amount of the levy (being $50 or any other amount that may be prescribed by regulation); and

    • “(ii) the reference in section 88B(1)(b) to 3 years must be read as a reference to 1 year.”

• “(ca) prescribing the amount of the levy payable under section 105B:”.