South Australian Current Acts South Australian Current Acts5AB—Mandatory penalty for certain child sex offences committed by
serious child sex offenders
(1) Despite section
53 of the Legislation Interpretation Act 2021 , the mandatory penalty for
a triggering child sex offence committed by a serious child sex offender is a
sentence of indeterminate duration.
(2) However,
subsection (1) does not apply if the court sentencing a
serious child sex offender for a triggering child sex offence—
(a)
determines under section 48I(1)(a) of the Sentencing Act 2017 that
a sentence of imprisonment to be served in a correctional facility is not to
be imposed in relation to the offence; or
(b)
makes a declaration under section 48J of the Sentencing Act 2017 ,
(in which case the maximum penalty for the triggering child sex offence is the
maximum penalty for the relevant offence had it not been committed by a
serious child sex offender).
(3) For the purposes
of this section, a reference to a sentence of indeterminate duration will be
taken to be a reference to the detention of a person in custody until the
sentence of imprisonment is extinguished by order of the Supreme Court under
section 48M of the Sentencing Act 2017 .
(4) In this
section—
"serious child sex offender" has the same meaning as in the
Sentencing Act 2017 ;
"triggering child sex offence" has the same meaning as in the
Sentencing Act 2017 .