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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law Consolidation (Looting) Amendment
Bill 2010
A BILL FOR
An Act to amend the Criminal
Law Consolidation Act 1935.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Criminal Law
Consolidation Act 1935
4Amendment of
section 5AA—Aggravated offences
5Amendment of
section 134—Theft (and receiving)
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law Consolidation (Looting)
Amendment Act 2010.
This Act will come into operation 1 month after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
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(B) that advice had not been withdrawn or ceased to apply; or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;
5—Amendment
of section 134—Theft (and receiving)
Section 134(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—imprisonment for 10 years;
(b) for an aggravated offence—imprisonment for
15 years.