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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Disrespectful Conduct in Court)
Amendment Bill 2018
A BILL FOR
An Act to amend the
Summary
Offences Act 1953
.
Contents
Part 2—Amendment of Summary Offences
Act 1953
Part 11A—Disrespectful conduct in
court
60Disrespectful
conduct in court
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Disrespectful Conduct in
Court) Amendment Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
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 Summary Offences
Act 1953
After Part 11 insert:
Part 11A—Disrespectful conduct in
court
60—Disrespectful conduct in
court
(1) A person who is a
party to proceedings before a court must not intentionally engage in
disrespectful conduct before the court during those proceedings.
Maximum penalty: $1 250 or imprisonment for 3 months.
(2) Nothing in this section affects the power of a court to take action
for contempt of court.
(3) A person cannot
be prosecuted for an offence against
subsection (1)
in respect of certain conduct of the person if the conduct is, or has
been, the subject of contempt of court proceedings against the person (except
where contempt of court proceedings have been discontinued by a court in
contemplation of a charge for an offence against
subsection (1)
proceeding).
(4) An official transcript or official audio or video recording of
proceedings in a court is admissible in evidence in proceedings for an offence
against this section and is evidence of the matter included in the transcript or
audio or video recording.
(5) The presiding officer of proceedings in a court during which alleged
disrespectful behaviour occurred cannot be required to give evidence in
proceedings before any court for an offence against this section.
(6) This section does not apply in respect of—
(a) proceedings in the Youth Court of South Australia (other than
proceedings under the
Children's
Protection Act 1993
or the
Children
and Young People (Safety) Act 2017
); or
(b) a child who is a party to proceedings under the
Children's
Protection Act 1993
or the
Children
and Young People (Safety) Act 2017
.
(7) In this section—
court includes a tribunal, authority or person invested by
law with judicial or quasi-judicial powers, or with authority to make any
inquiry or to receive evidence;
disrespectful conduct
includes—
(a) refusing to stand up after being requested to do so by the court;
and
(b) using offensive or threatening language; and
(c) interfering with or undermining the authority, dignity or performance
of the court;
presiding officer, of proceedings in a court, means the
judge, magistrate, judicial officer or other person presiding over the
proceedings in the court.