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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Intervention Orders and Penalties)
Bill 2020
A BILL FOR
An Act to amend the
Intervention
Orders (Prevention of Abuse) Act 2009
and the
Sentencing
Act 2017
.
Contents
Part 2—Amendment of Intervention
Orders (Prevention of Abuse) Act 2009
3Amendment of section 31—Contravention of
intervention order
Part 3—Amendment of Sentencing
Act 2017
4Amendment of section 52—Interpretation and
application
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Intervention Orders and
Penalties) Act 2020.
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 Intervention Orders (Prevention of Abuse)
Act 2009
3—Amendment
of section 31—Contravention of intervention order
(1) Section 31(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $2 000 or imprisonment for 2 years.
(2) Section 31(1), expiation fee—delete the expiation fee
(3) Section 31(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) in the case of a basic offence—imprisonment for 5
years;
(b) in the case of an aggravated offence—imprisonment for 7
years.
(4) Section 31(2aa), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) in the case of a basic offence—imprisonment for 10
years;
(b) in the case of an aggravated offence—imprisonment for 12
years.
(5) Section 31—after subsection (4) insert:
(5) For the purposes of this section, an aggravated offence is an offence
committed in 1 or more of the following circumstances:
(a) the offender knew or suspected, or ought reasonably to have known or
suspected, that there was a reasonable likelihood that a child would see, hear
or otherwise be exposed to the conduct constituting the offence or to any
effects of that conduct;
(b) the offender, in the course of committing the offence, threatened to
restrict a person's access to the person's child.
(6) If a person is charged with an aggravated offence under this section,
the circumstances alleged to aggravate the offence must be stated in the
instrument of charge.
(7) In this section—
basic offence—where a subsection differentiates between
the penalty for an aggravated offence and the penalty for a basic offence, the
reference to a basic offence is a reference to the offence in its non-aggravated
form.
Part 3—Amendment
of Sentencing
Act 2017
4—Amendment
of section 52—Interpretation and application
Section 52(1), definition of serious offence—after
paragraph (g) insert:
(ga) an offence against section 31(2aa)(b) of the
Intervention
Orders (Prevention of Abuse) Act 2009
; or