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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law Consolidation (Assaults on Emergency
Workers) Amendment Bill 2019
A BILL FOR
An Act to amend the
Criminal
Law Consolidation Act 1935
and to make related amendments to the
Criminal
Law (Forensic Procedures) Act 2007
, the
Sentencing
Act 2017
and the
Summary
Offences Act 1953
.
Contents
Part 2—Amendment of Criminal Law
Consolidation Act 1935
29BCausing harm to, or
assaulting, certain emergency workers etc
Part 1—Amendment of Criminal Law
(Forensic Procedures) Act 2007
1Amendment of section
20A—Interpretation
Part 2—Related amendments of
Sentencing Act 2017
2Amendment of section 4—Secondary
sentencing purposes
3Amendment of section 96—Suspension of
imprisonment on defendant entering into bond
Part 3—Related amendments of
Summary Offences Act 1953
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law Consolidation (Assaults on
Emergency Workers) Amendment Act 2019.
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
After section 29A insert:
29B—Causing harm to, or assaulting, certain
emergency workers etc
(1) A person who
causes harm to a prescribed emergency worker acting in the course of official
duties, intending to cause harm, is guilty of an offence.
Maximum penalty: Imprisonment for 15 years.
(2) A person who
causes harm to a prescribed emergency worker acting in the course of official
duties, and is reckless in doing so, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) A person who assaults a prescribed emergency worker acting in the
course of official duties is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(4) A person who hinders or resists a police officer acting in the course
of official duties is guilty of an offence.
Maximum penalty:
(a) if harm is caused to the police officer—imprisonment for
10 years;
(b) in any other
case—imprisonment for 2 years.
(5) In proceedings for an offence against this section, it is a defence
for the defendant to prove that the defendant did not know, and could not
reasonably have been expected to know, that the victim was a prescribed
emergency worker acting in the course of official duties.
(6) Without limiting the ways in which a person can cause harm to a
prescribed emergency worker, harm can be caused by causing human biological
material to come into contact with a prescribed emergency worker.
(7) For the purposes of this section, a person causes human biological
material to come into contact with a victim if the person performs any act
(including, without limiting the generality of this subsection, by spitting or
throwing human biological material at the victim, or deliberately applying human
biological material to their person knowing that the victim is likely to come
into physical contact with the person in the course of their duties) intended or
likely to cause human biological material to come into contact with the
victim.
(8) This section does not apply to conduct occurring before the
commencement of this section.
(9) In this section—
assault means an assault within the meaning of section 20(1)
and includes, to avoid doubt, an act consisting of intentionally causing human
biological material to come into contact with a victim, or threatening to do
so;
harm has the same meaning as in Division 7A;
human biological material means blood, saliva, semen, faeces
or urine;
prescribed emergency worker means—
(a) a police officer; or
(b) any other person, or person of a class, declared by the regulations to
be included in the ambit of this definition.
Part 1—Amendment of Criminal Law (Forensic
Procedures) Act 2007
1—Amendment
of section 20A—Interpretation
Section 20A, definition of prescribed serious
offence—after paragraph (a) insert:
(ab) an offence against section 29B of the
Criminal
Law Consolidation Act 1935
where harm is caused to a prescribed emergency worker;
Part 2—Related amendments of Sentencing
Act 2017
2—Amendment
of section 4—Secondary sentencing purposes
Section 4(1)—after paragraph (d) insert:
(da) to deter the defendant and others in the community from harming or
assaulting emergency workers (within the meaning of section 29B of the
Criminal
Law Consolidation Act 1935
) acting in the course of official duties;
3—Amendment
of section 96—Suspension of imprisonment on defendant entering into
bond
Section 96(9), definition of designated offence—after paragraph (g)
insert:
(ga) an offence against section 29B(1) or (2), or an offence against
section 29B(4) where harm is caused to a police officer;
Part 3—Related amendments of Summary
Offences Act 1953
Section 6—delete the section