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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Spit Hoods)
Bill 2019
A BILL FOR
An Act to amend the
Correctional
Services Act 1982
, the
Mental
Health Act 2009
, the
Sheriff's
Act 1978
, the
Summary
Offences Act 1953
and the
Youth
Justice Administration Act 2016
.
Contents
Part 2—Amendment of Correctional
Services Act 1982
86AAProhibition on
use of spit hoods
Part 3—Amendment of Mental Health
Act 2009
48AProhibition on
use of spit hoods
Part 4—Amendment of Sheriff's
Act 1978
9JProhibition on
use of spit hoods
Part 5—Amendment of Summary Offences
Act 1953
82AProhibition on
use of spit hoods
Part 6—Amendment of Youth Justice
Administration Act 2016
33AProhibition on
use of spit hoods
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Spit Hoods)
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 Correctional Services
Act 1982
After section 86 insert:
86AA—Prohibition on use of spit
hoods
(1) An officer or
employee of the Department or a police officer employed in a correctional
institution must not place a spit hood on the head of a person under the age of
18 years.
Maximum penalty: Imprisonment for 2 years.
(2)
Subsection (1)
applies despite any other provision of this Act or any other Act or
law.
(3) In this section—
spit hood means a covering (however described) that is
intended to be placed over a person's head to prevent the person from spitting
on, or biting, another person.
Part 3—Amendment
of Mental Health
Act 2009
After section 48 insert:
48A—Prohibition on use of spit
hoods
(1) A person performing a function or exercising a power under this Act
must not place a spit hood on the head of a child.
Maximum penalty: Imprisonment for 2 years.
(2)
Subsection (1)
applies despite any other provision of this Act or any other Act or
law.
(3) In this section—
spit hood means a covering (however described) that is
intended to be placed over a person's head to prevent the person from spitting
on, or biting, another person.
Part 4—Amendment
of Sheriff's
Act 1978
After section 9I insert:
9J—Prohibition on use of spit
hoods
(1) A security officer
must not place a spit hood on the head of a person under the age of 18
years.
Maximum penalty: Imprisonment for 2 years.
(2)
Subsection (1)
applies despite any other provision of this Act or any other Act or
law.
(3) In this section—
spit hood means a covering (however described) that is
intended to be placed over a person's head to prevent the person from spitting
on, or biting, another person.
Part 5—Amendment
of Summary Offences
Act 1953
After section 82 insert:
82A—Prohibition on use of spit
hoods
(1) A police officer
must not place a spit hood on the head of a minor.
Maximum penalty: Imprisonment for 2 years.
(2)
Subsection (1)
applies despite any other provision of this Act or any other Act or
law.
(3) In this section—
spit hood means a covering (however described) that is
intended to be placed over a person's head to prevent the person from spitting
on, or biting, another person.
Part 6—Amendment
of Youth Justice Administration
Act 2016
After section 33 insert:
33A—Prohibition on use of spit
hoods
(1) An employee of a
training centre must not place a spit hood on the head of a youth.
Maximum penalty: Imprisonment for 2 years.
(2)
Subsection (1)
applies despite any other provision of this Act or any other Act or
law.
(3) In this section—
spit hood means a covering (however described) that is
intended to be placed over a person's head to prevent the person from spitting
on, or biting, another person.