South Australian Numbered Acts

CRIMINAL LAW CONSOLIDATION (LOOTING) AMENDMENT ACT 2012 (NO 10 OF 2012) - SECT 4

4—Amendment of section 5AA—Aggravated offences

        (1)         Section 5AA(1)—after paragraph (h) insert:

            (ha)         in the case of an offence against Division 2 or 3 of Part 5, or Part 6A—the offender committed the offence in a place in relation to which, at the time of the offence—

                  (i)         there was in force a declaration under Part 4 of the Emergency Management Act 2004 ; or

                  (ii)         —

                        (A)         residents and others in the place, or in the vicinity of the place, had been advised (by radio broadcast) by the CFS that, as a result of a severe, extreme or catastrophic fire danger rating in respect of the place, they should activate their bushfire survival plan; and

                        (B)         that advice had not been withdrawn or ceased to apply; or

                  (iii)         residents and others had not been able to return to the place after leaving in response to a declaration referred to in subparagraph (i) or the provision of advice referred to in subparagraph (ii),

and the offender knew, ought reasonably to have known, or was reckless with respect to, that fact;

        (2)         Section 5AA(5)—before the definition of "child" insert:

"CFS" means the South Australian Country Fire Service;