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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Attorney-General's Portfolio)
Bill 2018
A BILL FOR
An Act to amend the
Fines
Enforcement and Debt Recovery Act 2017
, the
Liquor
Licensing Act 1997
, the
South
Australian Civil and Administrative Tribunal Act 2013
, the
Surveillance
Devices Act 2016
, the
Telecommunications
(Interception) Act 2012
and the
Young
Offenders Act 1993
.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment provisions
Part 2—Amendment
of Fines Enforcement and Debt Recovery Act 2017
4Amendment of section
23—Review by Court of refusal to revoke enforcement
determination
5Amendment of section
48—Interpretation
Part 3—Amendment
of Liquor Licensing Act 1997
6Repeal of section
44
7Transitional provision
Part 4—Amendment
of South Australian Civil and Administrative Tribunal
Act 2013
8Amendment of section 70—Internal
reviews
Part 5—Amendment of Surveillance
Devices Act 2016
9Amendment of section
3—Interpretation
10Amendment of section 31—Control by
investigating agencies of certain records, information and
material
Part 6—Amendment of
Telecommunications (Interception) Act 2012
11Amendment of section
2—Interpretation
Part 7—Amendment of Young Offenders
Act 1993
12Amendment of section 36—Detention of
youth sentenced as adult
13Insertion of section 40
40Reports by
Training Centre Review Board
14Amendment of section 43—Special
procedures for terror suspects
15Amendment of section 63B—Application of
Correctional Services Act 1982 to youth with non-parole
period
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Attorney-General's
Portfolio) Act 2018.
(1) Subject to this section, this Act will come into operation on the day
on which it is assented to by the Governor.
(2)
Section 4
will be taken to have come into operation on 30 April 2018 immediately
after section 23 of the
Fines
Enforcement and Debt Recovery Act 2017
came into operation.
(3)
Section 5
will come into operation—
(a) immediately after section 48 of the
Fines
Enforcement and Debt Recovery Act 2017
comes into operation; or
(b) on the day on which this Act is assented to by the Governor,
whichever is the later.
(4)
Part 3
will come into operation—
(a) on the day on which section 22 of the
Liquor
Licensing (Liquor Review) Amendment Act 2017
comes into operation; or
(b) on the day on which this Act is assented to by the Governor,
whichever is the later.
(5)
Part 4
will come into operation immediately after section 225 of the
Statutes
Amendment (SACAT No 2) Act 2017
comes into operation.
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 Fines Enforcement and Debt Recovery Act
2017
4—Amendment
of section 23—Review by Court of refusal to revoke enforcement
determination
Section 23—after subsection (4) insert:
(4a) If the Court reverses a decision of the Chief Recovery Officer to
refuse an application made by an alleged offender under section 22(5)(b)(i) on
the ground referred to in section 22(10)(b), a prosecution can be commenced for
the alleged offence or offences within 6 months of the day on which the Court's
decision is made despite the fact that the time for commencement of the
prosecution may have already otherwise expired.
5—Amendment
of section 48—Interpretation
Section 48(1), definition of public authority, paragraph
(b)(i) and (ii)—delete subparagraphs (i) and (ii)
Part 3—Amendment
of Liquor Licensing
Act 1997
Section 44—delete the section
Nothing in
section 6
is to be taken to affect the operation of Schedule 2 of the
Liquor
Licensing (Liquor Review) Amendment Act 2017
.
Part 4—Amendment
of South Australian Civil and Administrative
Tribunal Act 2013
8—Amendment
of section 70—Internal reviews
Section 70(1a)—delete subsection (1a) and substitute:
(1a) An application for review under—
(a) subsection (1)(a) is only by leave of a legally qualified member of
the Tribunal; and
(b) subsection (1)(b) is only by leave of a Presidential member of the
Tribunal.
Part 5—Amendment
of Surveillance Devices
Act 2016
9—Amendment
of section 3—Interpretation
Section 3(1), definition of review agency, (b)—delete
paragraph (b) and substitute:
(b) for the Independent Commissioner Against Corruption—the reviewer
under Schedule 4 of the
Independent
Commissioner Against Corruption Act 2012
;
10—Amendment
of section 31—Control by investigating agencies of certain records,
information and material
Section 31—delete "investigating" first occurring
Part 6—Amendment
of Telecommunications (Interception)
Act 2012
11—Amendment
of section 2—Interpretation
Section 2(1), definition of review agency, (b)—delete
paragraph (b) and substitute:
(b) for the Independent Commissioner Against Corruption—the reviewer
under Schedule 4 of the
Independent
Commissioner Against Corruption Act 2012
;
Part 7—Amendment
of Young Offenders
Act 1993
12—Amendment
of section 36—Detention of youth sentenced as adult
Section 36(4)(b)—after subparagraph (iv) insert:
(v) a reference to the CE will be taken to be a reference to the Chief
Executive.
After section 39 insert:
40—Reports by Training Centre Review
Board
(1) The Training
Centre Review Board must, not later than 31 October in each year, report to the
Minister on—
(a) the number of youths granted periods of leave by the Board from a
training centre during the previous financial year; and
(b) the number of applications for release from detention under section
41A during the previous financial year—
(i) that were granted by the Board; and
(ii) that were refused by the Board; and
(c) the number of applications for release on home detention under section
41B during the previous financial year—
(i) that were granted by the Board; and
(ii) that were refused by the Board; and
(d) the number of youths returned to detention in a training centre in the
previous financial year following the cancellation of a release from detention,
and the reasons for each such cancellation; and
(e) the work of the Board generally in the previous financial year;
and
(f) such other matters as the Board thinks fit, or as the Minister may
direct.
(2) The Minister must, within 12 sitting days after receiving a report
prepared under
subsection (1)
, cause a copy of the report to be tabled in each House of
Parliament.
14—Amendment
of section 43—Special procedures for terror suspects
Section 43(3)(b)—delete "presiding member" and substitute:
designated member
15—Amendment
of section 63B—Application of Correctional
Services Act 1982 to youth with non-parole period
Section 63B—after paragraph (b) insert:
(c) a reference to the CE will be taken to be a reference to the Chief
Executive.