South Australian Numbered Acts

STATUTES AMENDMENT (SERIOUS AND ORGANISED CRIME) ACT 2012 (NO 12 OF 2012) - SECT 26

26—Insertion of section 19AA

After section 19 insert:

19AA—Non-association or place restriction orders may be issued on sentence

        (1)         A court may, on sentencing a person for a prescribed offence, exercise the powers of the Magistrates Court to issue against the defendant a non-association order or a place restriction order under the Summary Procedure Act 1921 as if a complaint had been made under that Act against the defendant in relation to that conviction (and if the person is already subject to such an order, the court may vary or revoke that order as if an application for variation or revocation of the order had been made under that Act, regardless of whether the order was made by it or by some other court).

        (2)         A non-association order or a place restriction order issued or varied under this section on sentencing a person for a prescribed offence—

            (a)         has effect as such an order under the Summary Procedure Act 1921 ; and

            (b)         is not a sentence for the purposes of this Act but may be taken into account in determining the sentence for the prescribed offence.

        (3)         In this section—

"prescribed offence" has the same meaning as in Part 4 Division 5 of the Summary Procedure Act 1921 .