What is the Offender Levy?

The Queensland Government have introduced an offender levy which will apply to any offender (other than a child) sentenced in the Supreme, District or Magistrates Court whether or not a conviction is recorded.

The levy is not an order of the court and does not form part of any sentence imposed by a judge or magistrate. You are not able to appeal the imposition of the levy however the levy will be removed if all convictions relating to the sentencing event are overturned on appeal.

The levy is payable on each sentencing event whether or not a conviction is recorded (E.g. if you are sentenced on 01/10/2012 in relation to 4 charges only 1 levy will be applied.)

How much do I have to pay?

As at 21 August 2012, yiou will have to pay $118.80 if sentenced in the Magistrates Court or $356.40 if sentenced in the District or Supreme Court.

If I have multiple charges how many levies do I have to pay?

If the charges are all dealt with at the same sentencing event (i.e. at the same time, before the same judge/magistrate) you will only have to pay one levy. If they are dealt with at two separate sentencing events (i.e. some are dealt with at the District Court and some dealt with at the Magistrates Court on the same day) you will have to pay two levies.

What do I do if I feel the levy has been incorrectly applied?

If you feel that the levy has been incorrectly applied (e.g. you have had 2 levies applied and you believe there should have only been 1.) you should contact the Registry of the Court that applied the levy as soon as possible.

Where can I pay my levy?

You can pay the levy on the day it is applied at the court registry court otherwise it can be paid through the State Penalties Enforcement Registry (SPER) which will send you an Enforcement Order advising how and when the levy is to be paid.

When can I pay my levy?

The levy can be paid in full as soon as it is applied at the registry of the court. Otherwise it is to be paid by the due date as set out in the (SPER) Enforcement Order.

What happens if I do not pay the levy?

If you do not pay the levy by the due date stated in the Enforcement Order the State Penalties Enforcement Registry  (SPER) may take enforcement action against you

Do I have to pay the levy if my sentence is re-opened?

No. An additional levy is not applied if your sentence is re-opened; you apply for a re-hearing; or you appeal your conviction and/or sentence.

Can I appeal the imposition of an offender levy?

No. The levy is not an order of the court and does not form part of any sentence imposed by a judge or magistrate.

Do I still have to pay the levy if I appeal the conviction and sentence?

No, you do not have to pay the levy if you have lodged an appeal against the conviction and sentence.

If your appeal is completely successful and all convictions relating to the sentencing event are overturned on appeal the levy will be removed.

If your appeal against conviction is not entirely successful, you will then have to pay the levy if you have not already done so.

If you appeal the sentence only and the sentence is changed (i.e. the original sentence of 12 months probation is overturned and a new sentence of $500 fine is imposed) you will still have to pay the levy if you have not already done so.

What happens if I pay the levy and all convictions relating to the sentence are overturned on appeal?

If you have paid all or part of the levy and all convictions relating to the sentencing event are overturned on appeal, the amount paid will be refunded to you.

If you appeal the sentence only and the sentence is changed (i.e. the original sentence of 12 months probation is overturned and a new sentence of $500 fine is imposed) you will still have to pay the levy if you have not already done so.

If you have any questions or would like to speak with one of our solicitors, please contact us.