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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Notification of Custody) Amendment
Bill 2020
A BILL FOR
An Act to amend the
Summary
Offences Act 1953
.
Contents
Part 2—Amendment of Summary Offences
Act 1953
3Insertion of sections 79C and 79D
79CALRM to be notified where
Aboriginal or Torres Strait Islander person taken into custody
79DReports relating
to section 79C notifications
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Notification of Custody)
Amendment Act 2020.
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 Summary Offences
Act 1953
3—Insertion
of sections 79C and 79D
After section 79B insert:
79C—ALRM to be notified where Aboriginal or Torres
Strait Islander person taken into custody
(1) A prescribed police
officer must, as soon as is reasonably practicable after an Aboriginal or Torres
Strait Islander person (the prisoner) is delivered into the
custody of the prescribed police officer under section 78 or 79, and in
accordance with any requirements in the regulations, contact the Aboriginal
Legal Rights Movement Ltd (the ALRM) and provide the ALRM
with—
(a) such of the following information about the prisoner as may be known
by the prescribed police officer:
(i) the prisoner's full name;
(ii) the prisoner's date of birth or approximate age;
(iii) any medical or other condition of which the prescribed police
officer is aware that may be affected by the incarceration of the prisoner;
and
(b) details of the police station or designated police facility at which
the prisoner is being held.
(2) The police officer
in charge of a police station or designated police facility at which a prisoner
referred to in
subsection (1)
is being held—
(a) must advise the prisoner that the ALRM has been notified that the
prisoner is in custody; and
(b) must allow a
representative of the ALRM to visit the prisoner.
(3) Without limiting a
preceding subsection, if a prisoner is moved after the ALRM is contacted under
subsection (1)
, but before the prisoner is visited under
subsection (2)(b)
, a prescribed police officer must contact the ALRM and advise the ALRM of
the police station or designated police facility to which the prisoner has been
moved (and
subsection (2)(b)
will be taken to apply in respect of visiting the prisoner at that
location).
(4) To avoid doubt, the requirements under
subsection (3)
apply to any subsequent movement of the prisoner after the ALRM is
contacted under
subsection (1)
, but before the prisoner is visited under
subsection (2)(b)
.
(5) A prescribed police
officer who, without reasonable excuse, contravenes or fails to comply with a
requirement under this section is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(6) In this section—
prescribed police officer means—
(a) the police officer in charge of a custodial police station;
or
(b) a police officer at a designated police facility.
79D—Reports relating to section 79C
notifications
The following information must be included in the annual report of the
Commissioner under section 75 of the
Police
Act 1998
(other than in the year in which this section comes into
operation):
(a) the number of notifications made to the ALRM in accordance with
section 79C(2)
;
(b) for each police station or designated police facility—the number
of Aboriginal or Torres Strait Islander persons held at the police station or
designated police facility in accordance with
section 79C(1)
;
(c) the number of times that a charge is laid for an offence against
section 79C(5)
;
(d) any other information requested by the Minister.