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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Sentencing (Home Detention) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Sentencing
Act 2017
.
Contents
Part 2—Amendment of Sentencing
Act 2017
70AHome detention
not available for certain child sex offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Sentencing (Home Detention) Amendment
Act 2018.
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 Sentencing
Act 2017
After section 70 insert:
70A—Home detention not available for certain child
sex offences
(1) The powers vested in a court by this Subdivision are not exercisable
in relation to a defendant who is being sentenced for a prescribed child sex
offence (including, to avoid doubt, where the defendant is also being sentenced
for other offences).
(2) This section applies—
(a) to a prescribed child sex offence committed before or after the
commencement of this section; and
(b) whether the defendant was charged with, or found guilty of, the
prescribed child sex offence before or after the commencement of this section;
and
(c) whether or not the powers vested in a court by this Subdivision would,
but for this section, otherwise be exercisable in relation to the
defendant.
(3) In this section—
child means a person under 18 years of age;
prescribed child sex offence means—
(a) an offence against Part 3 Division 11 or 12 of the
Criminal
Law Consolidation Act 1935
where the victim is a child, or the offence is committed in the course of,
or in circumstances involving, the sexual exploitation or abuse of a child;
or
(b) an offence against Part 3 Division 11A of the
Criminal
Law Consolidation Act 1935
,
and includes an offence of conspiracy to commit such an offence.