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criminal law consolidation (covid-19) (assaults on certain workers) amendment bill 2020

South Australia

Criminal Law Consolidation (COVID-19) (Assaults on Certain Workers) Amendment Bill 2020

A BILL FOR

An Act to amend the Criminal Law Consolidation Act 1935


.


Contents

Part 1—Preliminary


1Short title


2Amendment provisions


Part 2—Amendment of Criminal Law Consolidation Act 1935


3Insertion of section 20ABA


20ABACOVID-19—Assaulting certain workers



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Criminal Law Consolidation (COVID-19) (Assaults on Certain Workers) Amendment Act 2020.

2—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Criminal Law Consolidation Act 1935

3—Insertion of section 20ABA

After section 20AB insert:

20ABA—COVID-19—Assaulting certain workers

(1) A person who—

(a) assaults a prescribed worker acting in the course of official duties; and

(b) either—

(i) at the time of the assault, has COVID-19 and knows that they have COVID-19; or

(ii) at or immediately before or immediately after the assault, makes a statement or does any other act that creates a belief, suspicion or fear that they have COVID-19 (irrespective of whether or not they have COVID-19),

is guilty of an offence.

Maximum penalty: Imprisonment for 10 years.

(2) This section expires 12 months after the day on which it comes into operation or such earlier date as may be fixed by the Governor by proclamation.

(3) In this section—

assault has the same meaning as in section 20AA and includes, to avoid doubt, an act consisting of intentionally coughing in a manner directed at, and in close proximity to, a victim, or threatening to do so;

COVID-19 means the human disease named COVID-19;

prescribed worker means—

(a) a prescribed emergency worker within the meaning of section 20AA; or

(b) a person who performs duties or provides a service in connection with the operations of a retail shop or a retail service;

retail shop means business premises at which goods are sold to the public by retail and includes, without limitation—

(a) a supermarket; and

(b) a petrol station; and

(c) a pharmacy.

 


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