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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 74
As laid on the table and read a first time, 24 March 2004
South Australia
Summary
Offences (False Identities—Children) Amendment Bill 2004
A Bill For
An Act to amend the Summary Offences Act 1953.
Contents
Part 1—Preliminary
1 Short title
2 Amendment provisions
Part 2—Amendment of Summary
Offences Act 1953
3 Insertion of Part 4A
Part 4A—False identities—children
21B False
identities—children
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Summary Offences (False Identities—Children)
Amendment Act 2004.
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 4 insert:
Part 4A—False
identities—children
21B—False
identities—children
(1) In this section—
child means a minor of or above the age of 14
years;
false identity—a child assumes a false identity if the
child pretends to be, or passes himself or herself off as, some other person;
The other person may be—
(a) living or dead;
(b) real or fictional.
prescribed purpose—a prescribed purpose is either of the
following:
(a) to obtain alcohol, tobacco or any other product not lawfully
available to persons under the age of 18;
(b) to gain entry to premises to which access is not ordinarily
allowed to person under the age of 18;
written information includes information appearing or
recorded (including in electronic form or by encryption) on—
(a) some form of card; or
(b) a licence, permit or other authority (or a purported
licence, permit or other authority); or
(c) some other form of document, record or item.
(2) A child who, for a prescribed purpose—
(a) assumes a false identity; or
(b) falsely pretends by the production of any written
information or other material to be of or above the age of 18 years,
is guilty of an offence.
Maximum penalty:
(a) for a first offence—$750;
(b) for a second offence—$1 000;
(c) for a third or
subsequent offence—$1 500.
Expiation fee: $300.
(3) If a police officer decides to deal with an
offence against this section as a minor offence under Part 2 Division 2 of the Young
Offenders Act 1993, then the period of community service that is
applicable with respect to the offence must be—
(a) in the case of a first offence—25 hours;
(b) in the case of a second offence—50 hours;
(c) in the case of a third or subsequent offence—75 hours.
(4) The following provisions apply in
connection with subsections (2) and (3):
(a) despite the Expiation of Offences Act 1996—
(i) an expiation notice for an alleged offence
against subsection (2) may be given to a child under the age of 16 years
at the time the offence is alleged to have been committed; and
(ii) an
alleged offence against subsection (2) that has been expiated in
accordance with that Act will be taken into account as an offence for the
purposes of subsection (3); and
(b) a previous offence against subsection (2) that has been
admitted by the child will be taken into account as an offence for the purposes
of subsection (3) (even if proceedings for the offence are not brought or
a conviction for an offence is not recorded).
(5) If—
(a) a child commits a second or subsequent offence against
subsection (2) (whether or not proceedings for the offence, or for a
preceding offence, have been brought and whether or not the offence, or a
preceding offence, has been expiated in accordance with the Expiation of Offences
Act 1996); and
(b) a
parent of the child has, by wilfully or negligently failing to exercise an
appropriate level of supervision or control over the child's activities,
contributed to the situation leading to the commission of the offence,
the parent is guilty of an offence.
Maximum penalty: $1 500.
Expiation fee: $500.