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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Sentencing (Limits on Home Detention) Amendment
Bill 2019
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 (Limits on Home Detention)
Amendment Act 2019.
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 being sentenced on an
appeal against sentence or 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.