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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Courts and Justice Measures)
Bill 2016
A BILL FOR
An Act to amend the
Bail
Act 1985
; the
Criminal
Law Consolidation Act 1935
; the
Cross-border
Justice Act 2009
; the
Evidence
Act 1929
; the
Legislation
Revision and Publication Act 2002
; the
Solicitor-General
Act 1972
; the
Summary
Procedure Act 1921
; the
Young
Offenders Act 1993
and the
Youth
Court Act 1993
.
Contents
Part 2—Amendment of Bail
Act 1985
4Amendment of section 6—Nature of bail
agreement
5Amendment of section 7—Guarantee of
bail
Part 3—Amendment of Criminal Law
Consolidation Act 1935
361Presence of
appellant or respondent on hearing of appeal
Part 4—Amendment of Cross-border
Justice Act 2009
7Amendment of section
7—Interpretation
Part 5—Amendment of Evidence
Act 1929
8Amendment of section
13B—Cross-examination of certain witnesses
9Amendment of section 59IQ—Appearance etc
by audio visual link or audio link
Part 6—Amendment of Legislation
Revision and Publication Act 2002
10Amendment of section 5—Program for
revision and publication of legislation
11Amendment of section 8—Publication of
legislation
Part 7—Amendment of Solicitor-General
Act 1972
12Amendment of section 5—Terms and
appointment of Solicitor-General
13Amendment of section 8—Resignation and
retirement
14Amendment of section 9—Leave on
retirement
Part 8—Amendment of Summary Procedure
Act 1921
16Amendment of section
184—Application may be made to Court for transfer to training
centre
Part 9—Amendment of Young Offenders
Act 1993
Part 10—Amendment
of Youth Court Act 1993
18Amendment of section
10—Court's principal judicial officer
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Courts and Justice
Measures) Act 2016.
(1) Subject to this section, this Act will come into operation on a day to
be fixed by proclamation.
(2)
Section 16
of this Act will come into operation immediately after section 21 of the
Youth
Justice Administration Act 2016
comes into operation, or on the day on which this Act is assented to by
the Governor, whichever is the later.
(3)
Section 17
of this Act will come into operation immediately after section 34 of the
Youth
Justice Administration Act 2016
comes into operation, or on the day on which this Act is assented to by
the Governor, whichever is the later.
(4)
Section 18
of this Act will come into operation immediately after section 4 of the
Statutes
Amendment (Youth Court) Act 2016
comes into operation, or on the day on which this Act is assented to by
the Governor, whichever is the later.
(5) Section 7(5) of the
Acts
Interpretation Act 1915
does not apply to this Act or a provision of this Act.
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 Bail Act 1985
4—Amendment
of section 6—Nature of bail agreement
Section 6(3)—after paragraph (c) insert:
(ca) a registrar or deputy registrar of a court; or
5—Amendment
of section 7—Guarantee of bail
Section 7(3)—after paragraph (c) insert:
(ca) a registrar or deputy registrar of a court; or
Part 3—Amendment
of Criminal Law Consolidation
Act 1935
Section 361—delete the section and substitute:
361—Presence of appellant or respondent on hearing
of appeal
(1) The Supreme Court
may make rules with respect to the presence in court of an appellant or
respondent who is in custody during—
(a) the hearing of the appeal; or
(b) the hearing of an application for permission to appeal; or
(c) any proceedings preliminary or incidental to an appeal.
(2) Without limiting
subsection (1)
, the rules of court may (for example)—
(a) provide that the appellant or respondent may be present during the
hearing of an appeal or an application for permission to appeal, or a proceeding
preliminary or incidental to an appeal—
(i) in person; or
(ii) by means of an audio visual link; or
(iii) by means of an audio link; and
(b) provide that the appellant or respondent may not be present during any
such hearing or proceeding.
(3) Despite any rule to the contrary, the Full Court may, if the Court
considers there is good reason to do so, proceed with the hearing of an appeal
or an application for permission to appeal, or a proceeding preliminary or
incidental to an appeal, in the absence of the appellant or
respondent.
(4) In this section—
audio link means a system of 2-way communication linking
different places so that a person speaking at any 1 of the places can be heard
at the other;
audio visual link means a system of 2-way communication
linking different places so that a person speaking at any 1 of the places can be
seen and heard at the other.
Part 4—Amendment
of Cross-border Justice
Act 2009
7—Amendment
of section 7—Interpretation
Section 7(1), definition of detention centre, paragraph
(a)—after "
Family
and Community Services Act 1972
" insert:
or section 21 of the
Youth
Justice Administration Act 2016
Part 5—Amendment
of Evidence
Act 1929
8—Amendment
of section 13B—Cross-examination of certain witnesses
(1) Section 13B(1)(a)—after "criminal trial" insert:
(whether or not related to the offence)
(2) Section 13B(5), definition of offence to which this section
applies—before paragraph (a) insert:
(aa) an offence under section 24 of the
Criminal
Law Consolidation Act 1935
; or
9—Amendment
of section 59IQ—Appearance etc by audio visual link or audio
link
Section 59IQ(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) Subject to any
other Act and any relevant rules of court, if a defendant is in custody prior to
trial and facilities exist for dealing with proceedings by means of an audio
visual link or audio link, the court may, if of the opinion that it is
appropriate in the circumstances to do so, deal with the proceedings by audio
visual link or audio link without requiring the personal attendance of the
defendant.
(5) Without limiting the circumstances that a court may take into
consideration for the purposes of
subsection (4)
, if the proceeding is the defendant's first appearance before a court in
connection with the charge or charges for which the defendant is in custody, the
court must take into consideration whether or not the defendant is represented
by a legal practitioner or has had the opportunity to obtain legal
advice.
Part 6—Amendment
of Legislation Revision and Publication
Act 2002
10—Amendment
of section 5—Program for revision and publication of
legislation
Section 5(2)—delete "and electronic" and substitute:
or electronic
11—Amendment
of section 8—Publication of legislation
Section 8(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) Legislation may be published under this Act by—
(a) publishing a printed copy of the legislation; or
(b) publishing an electronic copy of the legislation, from a website or
otherwise, in accordance with the regulations.
Part 7—Amendment
of Solicitor-General
Act 1972
12—Amendment
of section 5—Terms and appointment of
Solicitor-General
Section 5(1)—delete subsection (1) and substitute:
(1) Subject to this Act, the Solicitor-General will be
appointed—
(a) for a term of office of 10 years or for such shorter term as may be
necessary to ensure that the person's term of office extends to (but not beyond)
the day on which the person attains the age of 70 years; and
(b) on terms and conditions determined by the Governor.
(1a) At the expiration of a term of office, the Solicitor-General will,
subject to this Act, be eligible for re-appointment.
13—Amendment
of section 8—Resignation and retirement
Section 8(2)—delete subsection (2) and substitute:
(2) The Solicitor-General will retire from office on the day on which the
Solicitor-General attains the age of 70 years, and the office of the
Solicitor-General will become vacant on that day.
14—Amendment
of section 9—Leave on retirement
Section 9(1)—delete subsection (1) and substitute:
(1) Subject to this section, the Governor may grant to the
Solicitor-General immediately prior to the Solicitor-General's retirement on
attaining the age of 70 years, not more than 6 months leave of absence on full
salary.
15—Amendment
of section 10—Pension rights of Solicitor-General and application of
Judges' Pensions
Act 1971
Section 10—after subsection (1) insert:
(1a) If the term of office for which the Solicitor-General is appointed
expires and the person who held that office has not attained the age of 70
years, or is not then reappointed, the person will be taken for the purposes of
the
Judges'
Pensions Act 1971
, to have resigned from the office of Solicitor-General on the day on which
the term expires.
Part 8—Amendment
of Summary Procedure
Act 1921
16—Amendment
of section 184—Application may be made to Court for transfer to training
centre
Section 184(1)(c)—delete ", under a Minister, responsible for the
administration of the
Family
and Community Services Act 1972
" and substitute:
responsible for assisting a Minister in the administration of the
Youth
Justice Administration Act 2016
Part 9—Amendment
of Young Offenders
Act 1993
Section 40—delete the section
Part 10—Amendment
of Youth Court
Act 1993
18—Amendment
of section 10—Court's principal judicial officer
Section 10(9)—delete subsection (9)