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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Property Offences)
Bill 2009
A BILL FOR
An Act to amend the Criminal Law Consolidation Act 1935 and the
Summary Procedure Act 1921.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Criminal Law Consolidation
Act 1935
4 Amendment of section 19—Unlawful
threats
5 Amendment of section 84—Preliminary
6 Substitution of
section 85
85 Arson and other property damage
Part 3—Amendment of Summary Procedure
Act 1921
7 Amendment of section 5—Classification of
offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Property Offences)
Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
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
4—Amendment of
section 19—Unlawful threats
Section 19(2)(a)—delete "the person or property of"
5—Amendment of
section 84—Preliminary
Section 84(1)—before the definition of to damage
insert:
building means any building (whether used for non-residential
or residential purposes), and includes—
(a) a part of a building; and
(b) a structure, vehicle or vessel, or part of a structure, vehicle or
vessel, used for residential purposes;
Section 85—delete the section and substitute:
85—Arson and other property
damage
(1) A person who, without lawful excuse, by fire or explosives, damages
property that is a building or motor vehicle (whether the property belongs to
the person or to another)—
(a) intending to damage the property; or
(b) being recklessly indifferent as to whether his or her conduct damages
the property,
is guilty of arson.
Maximum penalty: Imprisonment for life.
(2) A person who, without lawful excuse, damages (other than by fire or
explosives) another's property that is a building or motor
vehicle—
(a) intending to damage the property; or
(b) being recklessly indifferent as to whether his or her conduct damages
the property,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) A person who, without lawful excuse, damages another's property (other
than a building or motor vehicle)—
(a) intending to damage the property; or
(b) being recklessly indifferent as to whether his or her conduct damages
the property,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(4) A person who, without lawful excuse, threatens to damage another's
property—
(a) intending to arouse a fear that the threat will be, or is likely to
be, carried out; or
(b) being recklessly indifferent as to whether such a fear is
aroused,
is guilty of an offence.
Maximum penalty:
(a) for a basic offence—imprisonment for 5 years;
(b) for an aggravated offence (other than an offence to which
paragraph (c) applies)—imprisonment for 7 years;
(c) for an offence aggravated by a threat to commit
arson—imprisonment for 15 years.
(5) Subsection (4) applies to a threat directly or indirectly communicated
by words (written or spoken) or by conduct, or partially by words and partially
by conduct.
Part 3—Amendment
of Summary Procedure
Act 1921
7—Amendment of
section 5—Classification of offences
(1) Section 5(2)—after paragraph (b) insert:
(ba) an offence against Part 4 of the Criminal Law Consolidation
Act 1935 involving $2 500 or less not being—
(a) an offence of arson or causing a bushfire; or
Note—
See sections 85 and 85B of the Criminal Law Consolidation
Act 1935.
(b) an offence of violence; or
(c) an offence that is 1 of a series of offences of the same or a similar
character involving more than $2 500 in aggregate;
(2) Section 5(3)(a)(iii)—after subsubparagraph (A) insert:
(AB) an offence involving a threat to interfere with, damage or destroy
another person's property where, if the threat had been carried out, the loss
would not have exceeded $30 000;
(3) Section 5(3a)—before "Part 5" insert:
section 85 or