South Australian Current Acts South Australian Current ActsNotes
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
2017 |
26 |
18.7.2017 |
30.4.2018 (Gazette 6.2.2018 p610) |
|
|
2017 |
67 |
Statutes Amendment (Youths Sentenced as Adults) Act 2017 |
12.12.2017 |
Pt 4 (s 6) & Sch 1 (cl 1)—30.4.2018
immediately after s 6 of 26/2017: s 2(2) |
|
2018 |
2 |
Sentencing (Release on Licence) Amendment Act 2018 |
25.6.2018 |
25.6.2018 |
|
2018 |
32 |
Statutes Amendment (Drug Offences) Act 2018 |
22.11.2018 |
|
|
2018 |
36 |
Sentencing (Miscellaneous) Amendment Act 2018 |
6.12.2018 |
28.2.2019 (Gazette 28.2.2019 p703) |
|
2019 |
11 |
Sentencing (Suspended and Community Based Custodial Sentences)
Amendment Act 2019 |
23.5.2019 |
Pt 2 (ss 4 to 17) & Sch 1 (cl 3)—23.5.2019 (Gazette
23.5.2019 p1351) |
|
2019 |
17 |
Criminal Law Consolidation (Assaults on Prescribed Emergency Workers)
Amendment Act 2019 |
1.8.2019 |
Sch 1 (cll 2 & 3)—3.10.2019 (Gazette 3.10.2019
p3398) |
|
2019 |
21 |
Statutes Amendment (Attorney-General's Portfolio) (No 2)
Act 2019 |
19.9.2019 |
Pt 11 (s 18)—19.9.2019: s 2(1) |
|
2019 |
45 |
Supreme Court (Court of Appeal) Amendment Act 2019 |
19.12.2019 |
Sch 1 (cl 78)—1.1.2021 (Gazette 10.12.2020
p5638) |
|
2020 |
33 |
Sentencing (Serious Repeat Offenders) Amendment
Act 2020 |
1.10.2020 |
14.11.2020 (Gazette 12.11.2020 p5040) |
|
2020 |
35 |
Statutes Amendment (Sentencing) Act 2020 |
22.10.2020 |
|
|
2020 |
43 |
Statutes Amendment (Abolition of Defence of Provocation and Related
Matters) Act 2020 |
10.12.2020 |
Pt 5 (s 12) & Sch 1 (cl 3)—29.3.2021
(Gazette 27.1.2021 p163) |
|
2021 |
37 |
Statutes Amendment (Intervention Orders and Penalties)
Act 2021 |
30.9.2021 |
Pt 3 (s 5)—4.4.2022 (Gazette 27.1.2022 p115) |
|
2021 |
46 |
Sentencing (Hate Crimes) Amendment Act 2021 |
25.11.2021 |
25.11.2021 |
|
2021 |
57 |
Statutes Amendment (Child Sexual Abuse) Act 2021 |
9.12.2021 |
|
|
2022 |
9 |
Statutes Amendment (Child Sex Offences) Act 2022 |
14.7.2022 |
|
|
2023 |
17 |
Criminal Law Consolidation (Child Sexual Abuse) Amendment
Act 2023 |
8.6.2023 |
Sch 1 (cl 2)—22.6.2023: s 2 |
|
2023 |
21 |
Statutes Amendment (Sexual Offences) Act 2023 |
21.6.2023 |
Provisions amended
New entries appear in bold.
|
Provision |
How varied |
Commencement |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
25.6.2018 |
|
|
|
|
|
amended by 17/2019 Sch 1 cl 2 |
3.10.2019 |
|
|
|
|
|
|
|
|
|
|
substituted by 36/2018 s 4 |
28.2.2019 |
|
|
Pt 2 |
|
|
|
Pt 2 Div 1 |
|
|
|
|
|
|
|
amended by 46/2021 s 3 |
25.11.2021 |
|
|
Pt 2 Div 2 |
|
|
|
Pt 2 Div 2 Subdiv 2 |
|
|
|
|
|
|
|
inserted by 57/2021 s 19 |
1.6.2022 |
|
|
Pt 2 Div 2 Subdiv 3 |
deleted by 11/2019 s 4 |
23.5.2019 |
|
Pt 2 Div 2 Subdiv 4 |
|
|
|
s 38 |
deleted by 35/2020 s 7 |
2.11.2020 |
|
|
|
|
|
inserted by 35/2020 s 8(1) |
2.11.2020 |
|
|
amended by 35/2020 s 8(2) |
2.11.2020 |
|
|
|
|
|
|
amended by 36/2018 s 5(1), (2) |
28.2.2019 |
|
|
|
substituted by 35/2020 s 9(1) |
2.11.2020 |
|
inserted by 35/2020 s 9(2) |
2.11.2020 |
|
|
amended by 35/2020 s 9(3) |
2.11.2020 |
|
|
|
|
|
|
serious harm |
inserted by 35/2020 s 9(4) |
2.11.2020 |
|
serious indictable offence |
inserted by 35/2020 s 9(4) |
2.11.2020 |
|
serious offence of violence |
inserted by 35/2020 s 9(4) |
2.11.2020 |
|
serious sexual offence |
inserted by 35/2020 s 9(4) |
2.11.2020 |
|
|
amended by 21/2023 s 11 |
1.1.2024 |
|
Pt 3 |
|
|
|
Pt 3 Div 2 |
|
|
|
|
|
|
|
amended by 67/2017 s 6 |
30.4.2018 |
|
|
|
|
|
|
deleted by 43/2020 s 12(1) |
29.3.2021 |
|
|
amended by 43/2020 s 12(2) |
29.3.2021 |
|
|
amended by 43/2020 s 12(3), (4) |
29.3.2021 |
|
|
inserted by 43/2020 s 12(5) |
29.3.2021 |
|
|
inserted by 43/2020 s 12(6) |
29.3.2021 |
|
|
Pt 3 Div 4 |
|
|
|
s 52 before substitution by 33/2020 |
|
|
|
|
|
|
|
serious offence |
amended by 11/2019 s 5 |
23.5.2019 |
|
substituted by 33/2020 s 4 |
14.11.2020 |
|
|
serious offence |
amended by 37/2021 s 5 |
4.4.2022 |
|
serious sexual offence |
amended by 9/2022 s 19(1), (2) |
1.10.2022 |
|
substituted by 33/2020 s 4 |
14.11.2020 |
|
|
|
|
|
|
substituted by 33/2020 s 5 |
14.11.2020 |
|
|
Pt 3 Div 5 |
|
|
|
|
|
|
|
inserted by 2/2018 s 3(1) |
25.6.2018 |
|
|
inserted by 2/2018 s 3(2) |
25.6.2018 |
|
|
inserted by 2/2018 s 3(3) |
25.6.2018 |
|
|
|
|
|
|
inserted by 2/2018 s 4(1) |
25.6.2018 |
|
|
inserted by 2/2018 s 4(2) |
25.6.2018 |
|
|
amended by 2/2018 s 4(3) |
25.6.2018 |
|
|
deleted by 2/2018 s 4(4) |
25.6.2018 |
|
|
|
|
|
|
amended by 2/2018 s 5 |
25.6.2018 |
|
|
amended by 2/2018 s 6 |
25.6.2018 |
|
|
amended by 2/2018 s 7 |
25.6.2018 |
|
|
amended by 2/2018 s 8 |
25.6.2018 |
|
|
|
|
|
|
(c) deleted by 2/2018 s 9(1) |
25.6.2018 |
|
|
|
amended by 45/2019 Sch 1 cl 78 |
1.1.2021 |
|
amended by 45/2019 Sch 1 cl 78 |
1.1.2021 |
|
|
amended by 45/2019 Sch 1 cl 78 |
1.1.2021 |
|
|
(a)(iii) deleted by 2/2018 s 9(2) |
25.6.2018 |
|
|
Pt 3 Div 6 |
|
|
|
heading |
amended by 57/2021 s 20 |
1.6.2022 |
|
substituted by 57/2021 s 21 |
1.6.2022 |
|
|
Pt 3 Div 7 |
|
|
|
Pt 3 Div 7 Subdiv 1 |
|
|
|
|
|
|
|
|
|
|
|
amended by 11/2019 s 6 |
23.5.2019 |
|
|
|
|
|
|
amended by 11/2019 s 7(1)—(3) |
23.5.2019 |
|
|
substituted by 11/2019 s 7(4) |
23.5.2019 |
|
|
|
|
|
|
designated offence |
amended by 11/2019 s 7(5) |
23.5.2019 |
|
foster parent |
inserted by 11/2019 s 7(6) |
23.5.2019 |
|
prescribed serious sexual offence |
inserted by 11/2019 s 7(7) |
23.5.2019 |
|
serious and organised crime offence |
amended by 36/2018 s 6(1), (2) |
28.2.2019 |
|
|
amended by 32/2018 s 26 |
1.4.2019 |
|
inserted by 11/2019 s 7(8) |
23.5.2019 |
|
|
inserted by 9/2022 s 20 |
1.10.2022 |
|
|
s 71(7) and (8) |
inserted by 11/2019 s 7(8) |
23.5.2019 |
|
|
|
|
|
amended by 11/2019 s 8(1) |
23.5.2019 |
|
|
|
(b) deleted by 11/2019 s 8(2) |
23.5.2019 |
|
s 73(4a) and (4b) |
inserted by 11/2019 s 8(3) |
23.5.2019 |
|
Pt 3 Div 7 Subdiv 2 |
|
|
|
|
|
|
|
amended by 36/2018 s 7 |
28.2.2019 |
|
|
|
|
|
|
amended by 11/2019 s 9(1) |
23.5.2019 |
|
|
|
|
|
|
inserted by 11/2019 s 9(2) |
23.5.2019 |
|
|
|
|
|
|
amended by 11/2019 s 10(1), (2) |
23.5.2019 |
|
|
inserted by 11/2019 s 10(3) |
23.5.2019 |
|
|
serious sexual offence |
amended by 17/2023 Sch 1 cl 2 |
22.6.2023 |
|
inserted by 11/2019 s 10(3) |
23.5.2019 |
|
|
|
|
|
|
amended by 11/2019 s 11(1) |
23.5.2019 |
|
|
(d) deleted by 11/2019 s 11(2) |
23.5.2019 |
|
|
|
|
|
|
substituted by 11/2019 s 12(1) |
23.5.2019 |
|
|
inserted by 11/2019 s 12(1) |
23.5.2019 |
|
|
amended by 11/2019 s 12(2)—(4) |
23.5.2019 |
|
|
Pt 4 |
|
|
|
|
|
|
|
amended by 11/2019 s 13(1) |
23.5.2019 |
|
|
|
|
|
|
inserted by 11/2019 s 13(2) |
23.5.2019 |
|
|
inserted by 11/2019 s 13(3) |
23.5.2019 |
|
|
|
|
|
|
amended by 11/2019 s 14(1) |
23.5.2019 |
|
|
deleted by 11/2019 s 14(2) |
23.5.2019 |
|
|
|
|
|
|
designated offence |
amended by 11/2019 s 14(3) |
23.5.2019 |
|
|
(i) deleted by 11/2019 s 14(4) |
23.5.2019 |
|
|
amended by 17/2019 Sch 1 cl 3 |
3.10.2019 |
|
foster parent |
inserted by 11/2019 s 14(5) |
23.5.2019 |
|
serious and organised crime offence |
amended by 32/2018 s 27 |
1.4.2019 |
|
serious sexual offence |
inserted by 11/2019 s 14(6) |
23.5.2019 |
|
inserted by 11/2019 s 14(7) |
23.5.2019 |
|
|
inserted by 9/2022 s 21 |
1.10.2022 |
|
|
s 96(11) and (12) |
inserted by 11/2019 s 14(7) |
23.5.2019 |
|
|
|
|
|
amended by 36/2018 s 8 |
28.2.2019 |
|
|
|
|
|
|
amended by 36/2018 s 9 |
28.2.2019 |
|
|
|
|
|
|
amended by 11/2019 s 15 |
23.5.2019 |
|
|
s 109 |
deleted by 11/2019 s 16 |
23.5.2019 |
|
|
|
|
|
(d) deleted by 11/2019 s 17 |
23.5.2019 |
|
|
Pt 6 |
|
|
|
|
|
|
|
(c) deleted by 21/2019 s 18 |
19.9.2019 |
|
|
Sch 1 |
|
|
|
Pt 3 |
inserted by 2/2018 s 10 |
25.6.2018 |
|
Sch 2 |
inserted by 2/2018 s 11 |
25.6.2018 |
Transitional etc provisions associated with Act or
amendments
Statutes Amendment (Youths Sentenced as Adults) Act
2017, Sch 1
1—Transitional provision
An amendment effected by this Act applies to a youth who is being sentenced
as an adult after the commencement of the amendment, whether the offence in
respect of which the youth is being sentenced occurred before or after that
commencement.
Sentencing (Suspended and Community Based Custodial
Sentences) Amendment Act 2019, Sch 1
Pt 2
3—Savings and transitional
provisions
(1) An amendment effected by a provision of this Act applies to the
sentencing of a defendant after the commencement of the provision, regardless of
whether—
(a) the offence for which the defendant is being sentenced was committed
before or after that commencement; or
(b) the defendant is being sentenced at first instance or on an appeal
against sentence.
(2) An amendment effected by a provision of this Act relating to
proceedings for a breach of a condition of a home detention order or intensive
correction order applies to such proceedings—
(a) commenced but not determined before the commencement of the provision;
or
(b) commenced after the commencement of the provision,
regardless of whether the breach to which the proceedings relate was
committed before or after that commencement.
(3) An amendment effected by a provision of this Act does not apply to or
in relation to a home detention condition included in a bond under
section 96(7) of the Sentencing Act 2017 (as in force
immediately before the commencement of section 14(2) of this
Act).
Statutes Amendment (Sentencing) Act 2020,
Pt 3
10—Transitional provision
(1) The Sentencing Act 2017 as amended by this Part applies in
relation to the sentencing of a person for an offence to which the person pleads
guilty on or after the commencement of this Part (regardless of whether the
offence was committed before or after that commencement).
(2) To avoid doubt, nothing in this Part affects any sentence imposed
before the commencement of this Part.
Sentencing (Serious Repeat Offenders) Amendment
Act 2020, Sch 1—Transitional provisions
etc
1—Application of amendments
(1) The Sentencing Act 2017 as amended by this Act applies in
relation to a sentence imposed after the commencement of this Act regardless of
whether—
(a) the offence for which the defendant is being sentenced was committed
before or after that commencement; or
(b) the defendant is being sentenced at first instance or on an
appeal.
(2) To avoid doubt, nothing in this Act affects any sentence imposed
before the commencement of this Act.
Statutes Amendment (Abolition of Defence of
Provocation and Related Matters) Act 2020, Sch 1—Transitional
provisions
3—Transitional provision—amendments to
Sentencing Act 2017
Section 48 of the Sentencing Act 2017 (as amended by this
Act) applies in relation to a non-parole period in respect of an offence
where—
(a) proceedings for the offence were commenced but not determined before
the commencement of this clause; and
(b) proceedings for an offence commenced after the commencement of this
clause (whether the offence was committed before or after that
commencement).
Sentencing (Hate Crimes) Amendment Act 2021,
Sch 1
1—Transitional provision—Sentencing
Act 2017
Section 11(1)(ca) of the Sentencing Act 2017 (as enacted by
this Act) will be taken not to apply in relation to sentencing for an offence
that occurred before the commencement of this clause.
Statutes Amendment (Sexual Offences) Act 2023,
Pt 5
12—Transitional provision
(1) The Sentencing Act 2017 as amended by this Part applies in
relation to the sentencing of a person for an offence to which the person pleads
guilty on or after the commencement of this Part (regardless of whether the
offence was committed before or after that commencement).
(2) To avoid doubt, nothing in this Part affects any sentence imposed
before the commencement of this Part.
Historical versions
|
30.4.2018 |
|
|
25.6.2018 |
|
|
28.2.2019 |
|
|
1.4.2019 |
|
|
23.5.2019 |
|
|
19.9.2019 |
|
|
3.10.2019 |
|
|
2.11.2020 |
|
|
14.11.2020 |
|
|
1.1.2021 |
|
|
29.3.2021 |
|
|
25.11.2021 |
|
|
4.4.2022 |
|
|
1.6.2022 |
|
|
1.10.2022 |
|
|
22.6.2023 |
|