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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Procedure (Paedophile Restraining Orders)
Amendment Bill 2006
A BILL FOR
An Act to amend the Summary Procedure Act 1921.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Summary Procedure
Act 1921
4 Amendment of section 99AA—Paedophile
restraining orders
5 Insertion of section 99AAB
99AAB Power
to conduct routine inspection of computer etc
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Procedure (Paedophile Restraining
Orders) Amendment Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
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 Procedure
Act 1921
4—Amendment of
section 99AA—Paedophile restraining orders
(1) Section 99AA(1)(a) and (b)—delete paragraphs (a) and (b)
and substitute:
(a) the defendant—
(i) is a registrable offender within the meaning of the Child Sex
Offenders Registration Act 2006; or
(ii) is not a registrable offender within the meaning of that Act but has
been found loitering near children on at least 2 occasions and there is reason
to think that the defendant may, unless restrained, again loiter near children;
and
(2) Section 99AA(2)—delete subsection (2) and substitute:
(2) A restraining order under this section may restrain the defendant from
1 or more of the following:
(a) loitering—
(i) near children at or in the vicinity of a specified place or class of
places or in specified circumstances; or
(ii) near children in any circumstances;
(b) using the internet or using the internet in a manner specified in the
order.
(3) Section 99AA(3)(b)—delete "child sexual offence" and
substitute:
sexual offence against a child
(4) Section 99AA(4)(b)—delete paragraph (b)
After section 99AA insert:
99AAB—Power to conduct routine inspection of
computer etc
(1) If a restraining order under section 99AA includes provisions
relating to use of the internet by the defendant, a police officer may, at any
time, enter premises occupied by the defendant and—
(a) inspect any computer or device capable of storing electronic data at
those premises; or
(b) remove from the premises any computer or device capable of storing
electronic data for the purpose of inspecting the computer or device,
to determine whether there is any evidence to suggest that the defendant
may have contravened the restraining order.
(2) A power must not be exercised under this section in relation to
particular premises more than once in any 12 month period.
(3) If a computer or device removed from premises in accordance with
subsection (1)(b) is not to be seized and retained as evidence of an
offence, the computer or device must be returned to the
defendant—
(a) as soon as practicable following inspection of the computer or device;
or
(b) within 1 month after the removal,
whichever occurs first.
(4) A police officer may use such force to enter premises, or to take
other action under this section, as is reasonably necessary for the
purpose.
(5) This section is in addition to, and does not derogate from, any other
police powers.