South Australian Bills South Australian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Attorney-General's Portfolio)
Bill 2020
A BILL FOR
An Act to amend various Acts within the portfolio of the
Attorney-General.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment provisions
Part 2—Amendment
of Bail Act 1985
4Amendment of section 5—Bail
authorities
Part 3—Amendment of Criminal Law
Consolidation Act 1935
5Amendment of section 20AA—Causing harm to,
or assaulting, certain emergency workers etc
6Amendment of section 20AB—Further offence
involving use of human biological material
7Amendment of section 86A—Using motor
vehicle without consent
8Amendment of section
269X—Power of court to deal with defendant before proceedings
completed
9Transitional
provision
Part 4—Amendment of Oaths
Act 1936
10Amendment of section 28—Commissioners
for taking affidavits
Part 5—Amendment of Professional
Standards Act 2004
11Amendment of section
4—Interpretation
12Amendment of section 5—Application of
Act
Part 6—Amendment
of South Australian Civil and Administrative Tribunal
Act 2013
13Amendment of section 10—Appointment of
President
Part 7—Amendment
of Summary Offences Act 1953
14Amendment of section 21OC—Supply etc of
liquor in certain areas
Part 8—Amendment
of Young Offenders Act 1993
15Amendment of section 48—Escape from
custody
Part 9—Amendment
of Youth Court Act 1993
16Amendment of section 32—Rules of
Court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Attorney-General's
Portfolio) Act 2020.
(1) Subject to this section, this Act comes into operation on the day on
which it is assented to by the Governor.
(2) The following provisions come into operation on a day to be fixed by
proclamation:
(a)
sections 8
and
9
;
(b)
Part 6
.
(3) The following Parts come into operation immediately after
section 4 of the
Statutes
Amendment (Bail Authorities) Act 2020
comes into operation:
(a)
Part 2
;
(b)
Part 9
.
(4)
Part 7
comes into operation—
(a) immediately after section 4 of the
Summary
Offences (Liquor Offences) Amendment Act 2018
comes into operation insofar as it inserts section 21OC; or
(b) on the day on which this Act is assented to by the Governor,
whichever is the later.
(5)
Part 8
comes into operation on the day on which section 7 of the
Controlled
Substances (Youth Treatment Orders) Amendment Act 2019
comes into operation.
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 Bail Act 1985
4—Amendment
of section 5—Bail authorities
Section 5(1)—after paragraph (c) insert:
(d) the Youth Court;
Part 3—Amendment
of Criminal Law Consolidation
Act 1935
5—Amendment
of section 20AA—Causing harm to, or assaulting, certain emergency workers
etc
(1) Section 20AA(6)—after "caused" insert:
(but will not be taken to be caused)
(2) Section 20AA(9)—after the definition of prescribed
emergency worker insert:
recklessly—a person is reckless in causing harm to
another if the person—
(a) is aware of a substantial risk that his or her conduct could result in
harm or serious harm (as the case requires); and
(b) engages in the conduct despite the risk and without adequate
justification;
6—Amendment
of section 20AB—Further offence involving use of human biological
material
Section 20AB(4)—delete the definition of harm and
substitute:
harm has the same meaning as in Division 7A;
7—Amendment
of section 86A—Using motor vehicle without consent
(1) Section 86A(3)—delete "Children's Protection and Young
Offenders Act 1979" and substitute:
(2) Section 86A(3)—delete "Children's Court" and
substitute:
Youth Court
8—Amendment
of section 269X—Power of court to deal with defendant before proceedings
completed
(1) Section 269X(1)(b)—delete paragraph (b) and
substitute:
(b) commit the defendant to custody (in which case the defendant will,
subject to subsections (4) and (5), be detained as if the defendant had
been remanded in custody awaiting trial or sentence) until the conclusion of the
investigation.
(2) Section 269X(2)(b)—delete paragraph (b) and
substitute:
(b) commit the defendant to custody (being an appropriate form of custody
determined, from time to time, by the Minister) until some subsequent date when
the defendant is to be brought again before the court.
(3) Section 269X—after subsection (2) insert:
(3) A defendant committed to custody under subsection (1)(b) is in
the custody of the CE (regardless of where the defendant is detained or the form
of custody in which the defendant is detained) and, subject to
subsections (4)
and
(5)
, the CE may give such directions as to the custody, supervision and care
of the defendant as the CE considers appropriate.
(4) If, at the time
at which a defendant is committed to custody under subsection (1)(b), the
defendant is an involuntary inpatient at a treatment centre in accordance with
the
Mental
Health Act 2009
(because the defendant is subject to an inpatient treatment order under
that Act)—
(a) the defendant
must continue to be confined at the treatment centre for the duration of the
inpatient treatment order and each subsequent inpatient treatment order that
follows on from that order (if any); and
(b) at the conclusion of the confinement referred to in
paragraph (a)
, the defendant will (subject to
subsection (5)
) be detained as if the defendant had been remanded in custody awaiting
trial or sentence.
(5) If, at any time
during the detention of a defendant under subsection (1)(b), the designated
officer is satisfied that the defendant is not being detained in an appropriate
form of custody, the designated officer may determine an appropriate form of
custody and that determination is sufficient authorisation for the detention of
the defendant in that alternative form of custody.
(6) The regulations may make provision in relation to the manner in which
the designated officer is to determine an appropriate form of custody for the
purposes of
subsection (5)
.
(7) In this section—
CE has the same meaning as in the
Correctional
Services Act 1982
;
designated officer means the person, or holder of the office,
prescribed by the regulations for the purposes of this section.
(1) If, immediately before the relevant day, a defendant is in any form of
custody pursuant to an order of a court under section 269X(1)(b) or (2)(b)
of the
Criminal
Law Consolidation Act 1935
, the custody of the defendant may, after the relevant day, be determined
as if the defendant had been committed to custody in accordance with
section 269X(1)(b) or (2)(b) (as the case may be) of the
Criminal
Law Consolidation Act 1935
as in force after the relevant day.
(2) In this section—
relevant day means the day on which
section 8
of this Part comes into operation.
Part 4—Amendment
of Oaths Act 1936
10—Amendment
of section 28—Commissioners for taking affidavits
Section 28(1)(e)—delete "Governor" and substitute:
Attorney-General, by notice published in the Gazette,
Part 5—Amendment
of Professional Standards
Act 2004
11—Amendment
of section 4—Interpretation
Section 4(1), definition of occupational
liability—delete "under statute" and substitute:
otherwise
12—Amendment
of section 5—Application of Act
(1) Section 5(1)—delete subsection (1)
(2) Section 5(2)—delete "However, this Act does not apply to" and
insert:
This Act applies to civil liability in damages (in tort, contract or
otherwise), except for civil
Part 6—Amendment
of South Australian Civil and Administrative
Tribunal Act 2013
13—Amendment
of section 10—Appointment of President
(1) Section 10(1)—after "Supreme Court" insert:
or the District Court
(2) Section 10—after subsection (1) insert:
(1a) If the person appointed to be President of the Tribunal was,
immediately before their appointment as President, a judge of the District
Court, the judge will, by virtue of holding the office of President, have the
same rank, title, status and precedence as a judge of the Supreme
Court.
(3) Section 10(2)—delete "of the Supreme Court"
(4) Section 10(2)(c)—after "Supreme Court" insert:
or the District Court, as the case may be
(5) Section 10(3)—delete subsection (3) and substitute:
(3) Service in the office of President of the Tribunal is taken, for all
purposes, to constitute service as—
(a) in the case of a judge who was, immediately before appointment as
President, a Supreme Court judge—a judge of the Supreme Court;
or
(b) in the case of a judge who was, immediately before appointment as
President, a District Court judge—a judge of the District Court.
(6) Section 10(8)(a)—after "Supreme Court" insert:
or the District Court (as the case may be)
Part 7—Amendment
of Summary Offences
Act 1953
14—Amendment
of section 21OC—Supply etc of liquor in certain areas
Section 21OC—after subsection (1) insert:
(1a) However, a person will not be guilty of an offence against
subsection (1) if 1 or more of the following circumstances
apply:
(a) the consumption or possession (or both) of liquor by the third person
in the prescribed area is not prohibited under another Act or law;
(b) the consumption or possession (or both) of liquor by the third person
is not prohibited under another Act or law—
(i) in the case of an offence against subsection (1)(a)(i)—in
the part of the prescribed area in which the supply of liquor takes place;
or
(ii) in the case of an offence against subsection (1)(a)(ii) or
(1)(a)(iii)—in the part of the prescribed area in which the supply of
liquor is intended to take place;
(c) under another Act or law, the third person is a person, or belongs to
a class of persons, who, in the circumstances, is exempt from a prohibition on
the consumption or possession (or both) of liquor that would otherwise apply to
the person in the prescribed area.
Part 8—Amendment
of Young Offenders
Act 1993
15—Amendment
of section 48—Escape from custody
Section 48—delete subsection (6) and substitute:
(6) This section does not apply to—
(a) a youth serving a sentence of home detention; or
(b) a youth who has been released on home detention by the Training Centre
Review Board in accordance with section 41; or
(c) a youth subject to a detention order under Part 7A of the
Controlled
Substances Act 1984
.
Part 9—Amendment
of Youth Court
Act 1993
16—Amendment
of section 32—Rules of Court
Section 32(1)—after paragraph (b) insert:
(ba) regulating the making of bail applications, including limiting the
making of bail applications to the Court in circumstances where the application
may be made to another court; and