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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Minimum Sentences)
Bill 2008
A BILL FOR
An Act to amend the Controlled Substances Act 1984 and the
Criminal Law Consolidation Act 1935.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Controlled Substances
Act 1984
4 Amendment of section
32—Trafficking
5 Amendment of section 33—Manufacture of
controlled drugs for sale
6 Amendment of section 33A—Sale, manufacture
etc of controlled precursor
7 Amendment of section 33B—Cultivation of
controlled plants for sale
8 Amendment of section 33C—Sale of
controlled plants
9 Amendment of section 33F—Sale, supply or
administration of controlled drug to child
10 Amendment of section
33G—Sale, supply or administration of controlled drug in school
zone
11 Amendment of section 33H—Procuring child to commit
offence
12 Amendment of section 33I—Supply or administration of
controlled drug
13 Amendment of section 33J—Manufacture of controlled
drugs
Part 3—Amendment of Criminal Law Consolidation
Act 1935
14 Amendment of section 19A—Causing death or
harm by dangerous use of vehicle or vessel
15 Amendment of section
19AB—Leaving accident scene etc after causing death or harm by careless
use of vehicle or vessel
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Minimum Sentences)
Act 2008.
This Act will come into operation on the day on which it is assented to by
the Governor.
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 Controlled Substances
Act 1984
4—Amendment of
section 32—Trafficking
(1) Section 32(1), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 5 years and not more than
imprisonment for life and $500 000.
(2) Section 32(2), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 2 years and not more than
imprisonment for 25 years and $200 000.
(3) Section 32(3), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 6 months and not more than
imprisonment for 10 years and $50 000.
(4) Section 32—after subsection (5) insert:
(6) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
5—Amendment of
section 33—Manufacture of controlled drugs for sale
(1) Section 33(1), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 5 years and not more than
imprisonment for life and $500 000.
(2) Section 33(2), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 2 years and not more than
imprisonment for 25 years and $200 000.
(3) Section 33(3), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 6 months and not more than
imprisonment for 10 years and $50 000.
(4) Section 33—after subsection (4) insert:
(5) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
6—Amendment of
section 33A—Sale, manufacture etc of controlled
precursor
(1) Section 33A(1), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 2 years and not more than
imprisonment for 25 years and $200 000.
(2) Section 33A(2), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 9 months and not more than
imprisonment for 15 years and $75 000.
(3) Section 33A(3), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 6 months and not more than
imprisonment for 10 years and $50 000.
(4) Section 33A(4), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 6 months and not more than
imprisonment for 10 years and $50 000.
(5) Section 33A(5), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 6 months and not more than
imprisonment for 10 years and $50 000.
(6) Section 33A—after subsection (5) insert:
(6) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
7—Amendment of
section 33B—Cultivation of controlled plants for sale
(1) Section 33B(1), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 5 years and not more than
imprisonment for life and $500 000.
(2) Section 33B(2), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 2 years and not more than
imprisonment for 25 years and $200 000.
(3) Section 33B(3), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 6 months and not more than
imprisonment for 10 years and $50 000.
(4) Section 33B—after subsection (5) insert:
(6) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
8—Amendment of
section 33C—Sale of controlled plants
(1) Section 33C(1), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 5 years and not more than
imprisonment for life and $500 000.
(2) Section 33C(2), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 2 years and not more than
imprisonment for 25 years and $200 000.
(3) Section 33C(3), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 6 months and not more than
imprisonment for 10 years and $50 000.
(4) Section 33C—after subsection (5) insert:
(6) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
9—Amendment of
section 33F—Sale, supply or administration of controlled drug to
child
(1) Section 33F, penalty provision—delete the penalty provision and
substitute:
Penalty: not less than imprisonment for 10 years and not more than
imprisonment for life and $1 000 000.
(2) Section 33F—after its present contents (now to be designated as
subsection (1)) insert:
(2) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
10—Amendment of
section 33G—Sale, supply or administration of controlled drug in school
zone
(1) Section 33G(1), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 10 years and not more than
imprisonment for life and $1 000 000.
(2) Section 33G—after subsection (2) insert:
(3) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
11—Amendment of
section 33H—Procuring child to commit offence
(1) Section 33H, penalty provision—delete the penalty provision and
substitute:
Penalty: not less than imprisonment for 10 years and not more than
imprisonment for life and $1 000 000.
(2) Section 33H—after its present contents (now to be designated as
subsection (1)) insert:
(2) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
12—Amendment of
section 33I—Supply or administration of controlled
drug
(1) Section 33I(1), penalty provision—delete the penalty provision
and substitute:
Penalty: not less than imprisonment for 6 months and not more than
imprisonment for 10 years and $50 000.
(2) Section 33I—after subsection (2) insert:
(3) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
13—Amendment of
section 33J—Manufacture of controlled drugs
(1) Section 33J, penalty provision—delete the penalty provision and
substitute:
Penalty: not less than imprisonment for 4 months and not more than
imprisonment for 7 years and $35 000.
(2) Section 33J—after its present contents (now to be designated as
subsection (1)) insert:
(2) Subject to section 38 of the Criminal Law (Sentencing)
Act 1988, a court may not reduce or mitigate in any way a minimum
penalty fixed by this section.
Part 3—Amendment
of Criminal Law Consolidation
Act 1935
14—Amendment of
section 19A—Causing death or harm by dangerous use of vehicle or
vessel
Section 19A—after subsection (3) insert:
(4) The penalty imposed—
(a) for an offence against subsection (1) where the circumstance of the
offence are those referred to in paragraph (a)(ii) of the penalty provision for
that offence; or
(b) for an offence against subsection (3) where the circumstances of the
offence are those referred to in paragraph (a)(ii) of the penalty provision for
that offence,
must not be less than imprisonment for 10 years (and a court may not reduce
or mitigate in any way the minimum penalty fixed by this subsection).
15—Amendment of
section 19AB—Leaving accident scene etc after causing death or harm by
careless use of vehicle or vessel
Section 19AB—after subsection (2) insert:
(2a) The penalty imposed—
(a) for an offence against subsection (1) where the circumstance of the
offence are those referred to in paragraph (a)(ii) of the penalty provision for
that offence; or
(b) for an offence against subsection (2) where the circumstances of the
offence are those referred to in paragraph (a)(ii) of the penalty provision for
that offence,
must not be less than imprisonment for 10 years (and a court may not reduce
or mitigate in any way the minimum penalty fixed by this subsection).