South Australian Current Acts South Australian Current Acts70—Home detention not available for certain offences
(1) The powers vested
in a court by this Subdivision—
(a) are
exercisable despite the fact that an Act prescribes a minimum penalty; but
(b) are
not exercisable in relation to—
(i)
a defendant who is serving or is liable to serve a
sentence of indeterminate duration and who has not had a non-parole period
fixed; or
(ii)
a defendant who is being sentenced for—
(A) an offence of murder; or
(B) treason; or
(C) an offence involving a terrorist act;
or
(D) any other offence in respect of which
an Act expressly prohibits the reduction, mitigation or substitution of
penalties or sentences.
(2) In this
section—
"Act" includes a statutory instrument;
"terrorist act" has the same meaning as in Part 5.3 of the Criminal Code
of the Commonwealth.
(3) For the purposes
of this Division, a reference to an "offence of murder includes—
(a) an
offence of conspiracy to murder; and
(b) an
offence of aiding, abetting, counselling or procuring the commission of
murder.