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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL LAW (SENTENCING) (HOME DETENTION) AMENDMENT BILL 2016

South Australia

Criminal Law (Sentencing) (Home Detention) Amendment Bill 2016

A BILL FOR

An Act to amend the Criminal Law (Sentencing) Act 1988


.


Contents

Part 1—Preliminary


1Short title


2Amendment provisions


Part 2—Amendment of Criminal Law (Sentencing) Act 1988


3Amendment of section 33BA—Preliminary


Schedule 1—Transitional provision


1Transitional provision



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Criminal Law (Sentencing) (Home Detention) Amendment Act 2016.

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 (Sentencing) Act 1988

3—Amendment of section 33BA—Preliminary

(1) Section 33BA—after the definition of residence insert:

serious sexual offence has the same meaning as in section 33(1);

terrorist act has the same meaning as in the Terrorism (Commonwealth Powers) Act 2002.

(2) Section 33BA—after its present contents (now to be designated as subsection (1)) insert:

(2) For the purposes of this Division, a reference to an offence of murder includes—

(a) an offence of conspiracy to murder; and

(b) an offence of aiding, abetting, counselling or procuring the commission of murder.

(3) This Division does not apply in relation to—

(a) a defendant who is serving or is liable to serve a sentence of indeterminate duration and who has not had a non-parole period fixed; or

(b) a defendant who is being sentenced—

(i) for an offence of murder; or

(ii) for a serious sexual offence; or

(iii) in relation to an offence involving a terrorist act.

Schedule 1—Transitional provision

1—Transitional provision

The amendments to the Criminal Law (Sentencing) Act 1988


made by this Act apply to the sentencing of a defendant after the commencement of this Act, regardless of whether the offence for which the defendant is being sentenced was committed before or after that commencement.

 


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