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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Sentencing) (Home Detention) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Criminal
Law (Sentencing) Act 1988
.
Contents
Part 2—Amendment of Criminal Law
(Sentencing) Act 1988
3Amendment of section
33BA—Preliminary
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Sentencing) (Home Detention)
Amendment Act 2016.
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 (Sentencing)
Act 1988
3—Amendment
of section 33BA—Preliminary
(1) Section 33BA—after the definition of residence
insert:
serious sexual offence has the same meaning as in
section 33(1);
terrorist act has the same meaning as in the Terrorism
(Commonwealth Powers) Act 2002.
(2) Section 33BA—after its present contents (now to be designated as
subsection (1)) insert:
(2) For the purposes of this Division, a reference to an offence of
murder includes—
(a) an offence of conspiracy to murder; and
(b) an offence of aiding, abetting, counselling or procuring the
commission of murder.
(3) This Division does not apply in relation to—
(a) a defendant who is serving or is liable to serve a sentence of
indeterminate duration and who has not had a non-parole period fixed;
or
(b) a defendant who is being sentenced—
(i) for an offence of murder; or
(ii) for a serious sexual offence; or
(iii) in relation to an offence involving a terrorist act.
Schedule 1—Transitional
provision
The amendments to the
Criminal
Law (Sentencing) Act 1988
made by this Act apply to the sentencing of a defendant after the
commencement of this Act, regardless of whether the offence for which the
defendant is being sentenced was committed before or after that
commencement.