South Australian Numbered Acts South Australian Numbered Acts23—Amendment of section 9—Criminal jurisdiction
(1) Section 9—delete " Summary Procedure Act 1921
" and substitute:
(2) Section 9—after its present contents as amended by this section (now to be designated as subsection (1)) insert:
(2) The Court does not, unless it is constituted of a Magistrate, have the power to impose a sentence of imprisonment.
(3) If the Court, constituted otherwise than by a Magistrate, is of the opinion that a sentence of imprisonment should be imposed in any particular case, it may remand the defendant to appear for sentence before the Court constituted of a Magistrate.
(4) The Court does not have the power to impose—
(a) a sentence of imprisonment that exceeds—
(i) if the penalty is for 1 offence—5 years; and
(ii) if the penalty is for more than 1 offence—10 years; or
(i) in the case of an offence under the Work Health and Safety Act 2012
being heard by an industrial magistrate—$300 000; or
(ii) in any other case—$150 000.
(5) The limits imposed by subsection (4)(b)
apply regardless of whether the relevant offence was committed before or after the commencement of that paragraph.
applies whether the offence to which the sentence relates is a summary offence or an indictable offence.
(7) If the Court is of the opinion in any particular case that a sentence should be imposed that exceeds the limits prescribed by subsection (4)
, the Court may remand the defendant to appear for sentence before a superior court.