South Australian Numbered Acts South Australian Numbered ActsSchedule—Related amendments, repeal and transitional provisions
Part
1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a
specified Act or statutory instrument amends the Act or statutory instrument
(as the case may be) so specified.
Part 2—Amendment of Births, Deaths and Marriages Registration
Act 1996
2—Amendment of section 36—Notification of deaths by doctors
Section 36(2)(b)—Delete paragraph (b) and substitute:
(b) must
not give a notice under this section if the State Coroner or a police officer
is required to be notified of the death under the Coroners Act 2003 .
3—Amendment of section 37—Notification by State Coroner
(1)
Section 37(1)—delete subsection (1) and substitute:
(1) If the State
Coroner is notified of a death under the Coroners Act 2003 or is
inquiring into the cause of a death, the State Coroner must, as soon as
practicable, notify the Registrar of that fact.
(2)
Section 37(2)—delete "a coroner" and substitute:
the State Coroner
(3)
Section 37(2)—delete "coroner" (second occurring) and substitute:
State Coroner
Section 51—Before section 51 in Part 9 insert:
50A—Documents to be provided before disposal of remains
(1) A person must not
dispose of human remains or cause human remains to be disposed of unless he or
she has received—
(a)
—
(i)
in the case of a still-birth—a doctor's certificate
as to the cause of foetal death given under section 12;
(ii)
in any other case—a doctor's certificate as to the
cause of death given under section 36; or
(b) an
authorisation for the disposal of human remains issued under the
Coroners Act 2003 .
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) This section does
not apply in relation to the disposal of human remains by cremation. 1
Note—
1 See section 6 of the Cremation Act 2000 .
Part 3—Variation of Births, Deaths and Marriages Regulations 1996 (
Gazette 30.5.1996 p2675 ) as varied
5—Variation of regulation 10—Information to be included in
notification by funeral director etc
Regulation 10(m)—delete paragraph (m) and substitute:
(m)
—
(i)
if a doctor's certificate as to the cause of death was
given under section 36(3) of the Act—the name and address of the doctor;
(ii)
if an authorisation for the disposal of human remains was
issued under the Coroners Act 2003 —the date of issue and the name
of the person who issued it.
Part 4—Variation of Correctional Services Act 1982
6—Amendment of section 28—Removal of prisoner for criminal
investigation, attendance in court etc
Section 28(2)—delete "justice, court or coroner" wherever occurring and
substitute in each case:
court or justice
Part 5—Amendment of Courts Administration Act 1993
7—Amendment of section 4—Interpretation
Section 4, definition of participating courts , (e)—delete paragraph (e)
and substitute:
(e) the
Coroner's Court; and
Part 6—Amendment of Cremation Act 2000
8—Amendment of section 6—Issue of cremation permit
(1)
Section 6—before subsection (1) insert:
(a1) A person must not
cremate human remains, or cause, suffer or permit human remains to be
cremated, unless he or she has received a cremation permit issued under this
section.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2)
Section 6(2)(b)—delete paragraph (b) and substitute:
(b) an
authorisation for the disposal of human remains issued under the
Coroners Act 2003 .
(3)
Section 6(4)—delete subsection (4) and substitute:
(4) A doctor must not
give a certificate under this section if the State Coroner or a police officer
is required to be notified of the death under the Coroners Act 2003 .
Maximum penalty: $5 000 or imprisonment for 1 year.
9—Amendment of section 8—Attorney-General, State Coroner etc may
prohibit cremation
(1)
Section 8(1)—delete "or a coroner or" and substitute:
, the State Coroner or a
(2)
Section 8(1)—delete "coroner" second occurring and substitute:
State Coroner
Part 7—Amendment of Evidence Act 1929
10—Amendment of section 59IA—Interpretation
Section 59IA, definition of South Australian court , (d)—delete
paragraph (d) and substitute:
(d) the
Coroner's Court;
11—Amendment of section 68—Interpretation
Section 68, definitions of court and court of summary jurisdiction
—delete these definitions and substitute:
court includes any person acting judicially;
12—Amendment of section 70—Disobedience to orders under this
Division
Section 70(3)—delete subsection (3)
Part 8—Amendment of Freedom of Information Act 1991
13—Amendment of section 4—Interpretation
Section 4(1), definition of court —delete "or a coroner"
Part 9—Amendment of Harbors and Navigation Act 1993
14—Amendment of section 74—Compulsory blood tests of injured
persons including water skiers
(1) Section
74(4)—delete "certifies the cause of death, or reports the death to a
coroner" and substitute:
, pursuant to Part 5 of the Coroners Act 2003 , notifies the State
Coroner or a police officer of the death
(2) Section
74(4)(b)—delete "a coroner" and substitute:
the State Coroner
(3) Section
74(5)—delete "A coroner who receives a notification under subsection
(4)" and substitute:
The State Coroner, on receiving a notification under subsection (4),
Part 10—Amendment of Juries Act 1927
15—Amendment of section 92—Effect of this Act on Coroners Act
Section 92—delete "coroner's" and substitute:
coronial
Part 11—Variation of Local Government (Cemetery) Regulations 1995 (
Gazette 25.5.1995 p2503 ) as varied
16—Variation of regulation 20—Exhumation, removal and re-interment
Regulation 20(2)—delete subregulation (2) and substitute:
(2) Subregulation (1)
does not apply where a warrant has been issued under the
Coroners Act 2003 for the exhumation of human remains.
Part 12—Amendment of Road Traffic Act 1961
17—Amendment of section 47I—Compulsory blood tests
(1) Section
47I(4)—delete "certifies the cause of death, or reports the death to a
coroner" and substitute:
, pursuant to Part 5 of the Coroners Act 2003 , notifies the State
Coroner or a police officer of the death
(2) Section
47I(4)(b)—delete "a coroner" and substitute:
the State Coroner
(3) Section
47I(5)—delete "A coroner who receives a notification under subsection
(4)" and substitute:
The State Coroner, on receiving a notification under subsection (4),
Part 13—Amendment of Summary Offences Act 1953
18—Amendment of section 35—Restriction on reports of immorality
etc
Section 35(2), definition of legal proceedings —delete "coroner's
inquests and"
Part 14—Amendment of Transplantation and Anatomy Act 1983
19—Amendment of section 23—Consent by State Coroner
(1)
Section 23(1)—delete " 1975–1981 " and substitute:
2003
(2)
Section 23(1)—delete "a coroner has given his consent" and substitute:
the State Coroner has consented
(3)
Section 23(2)—delete " 1975–1981 " and substitute:
2003
(4)
Section 23(2)—delete "a coroner has given his consent" and substitute:
the State Coroner has consented
(5)
Section 23(3)—delete "A coroner" and substitute:
The State Coroner
(6)
Section 23(3)—after "his" insert:
or her
(7)
Section 23(4)—delete "a coroner" and substitute:
the State Coroner
(8)
Section 23(5)—delete "a coroner" and substitute:
the State Coroner
20—Amendment of section 27—Consent by State Coroner
(1)
Section 27(1)—delete " 1975–1981 " and substitute:
2003
(2)
Section 27(1)—delete "coroner has given his consent" and substitute:
State Coroner has consented
(3)
Section 27(2)—delete " 1975–1981 " and substitute:
2003
(4)
Section 27(2)—delete "coroner has given his consent" and substitute:
State Coroner has consented
(5)
Section 27(3)—delete "A coroner" and substitute:
The State Coroner
(6)
Section 27(4)—delete "a coroner" and substitute:
the State Coroner
(7)
Section 27(5)—delete "a coroner" and substitute:
the State Coroner
21—Amendment of section 28—Effect of authority under this Part
(1)
Section 28(2)—delete "a coroner pursuant to the Coroners
Act 1975-1981 " and substitute:
the State Coroner or the Coroner's Court pursuant to the Coroners
Act 2003
(2)
Section 28(2)—delete "the coroner" and substitute:
the State Coroner or the Coroner's Court (as the case requires)
22—Amendment of section 31—Consent by State Coroner
(1)
Section 31(1)—delete " 1975–1981 " and substitute:
2003
(2)
Section 31(1)—delete "a coroner has given his consent" and substitute:
the State Coroner has consented
(3)
Section 31(2)—delete " 1975–1981 " and substitute:
2003
(4)
Section 31(2)—delete "a coroner has given his consent" and substitute:
the State Coroner has consented
(5)
Section 31(3)—delete "A coroner" and substitute:
The State Coroner
(6)
Section 31(4)—delete "a coroner" and substitute:
the State Coroner
(7)
Section 31(5)—delete "a coroner" and substitute:
the State Coroner
23—Amendment of section 38—Offences in relation to removal of
tissue
Section 38(3)(b)—delete "a coroner under the Coroners Act 1975-1981
" and substitute:
the State Coroner or the Coroner's Court under the Coroners Act 2003
Part 15—Repeal of Coroners Act 1975
24—Repeal of Coroners Act 1975
The Coroners Act 1975 is repealed.
Part 16—Transitional provisions
(1) A person holding
office under the Coroners Act 1975 (the repealed Act ) immediately before
the commencement of this Act will, on that commencement, continue in office
for the balance of the person's term, subject to this Act.
(2) If an inquest held
under the repealed Act had not been completed before the commencement of this
Act, the proceedings will continue under this Act as if the coroner holding
the inquest were the Coroner's Court.
(3) This Act applies
in relation to a notification of death to a coroner or police officer under
the repealed Act (whether made before or after the commencement of this Act
and whether or not the death is a reportable death under this Act) as if it
were a notification of a reportable death under this Act.
(4) This Act applies
to a finding of a coroner under the repealed Act as if it were a finding of
the Coroner's Court under this Act.
(5) This clause must
be read in conjunction with section 16 of the Acts Interpretation
Act 1915 .