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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Drug Offenders)
Bill 2017
A BILL FOR
An Act to amend the
Controlled
Substances Act 1984
and the
Criminal
Assets Confiscation Act 2005
.
Contents
Part 2—Amendment of Controlled
Substances Act 1984
4Amendment of section 44—Matters to be
considered when court fixes penalty
5Amendment of section 52—Power to search,
seize etc
Part 3—Amendment
of Criminal Assets Confiscation Act 2005
6Amendment of section 209—Credits to
Victims of Crime Fund
7Amendment of section 227—Costs and
exemplary or punitive damages
8Amendment of section
230—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Drug Offenders)
Act 2017.
This Act will come into operation on a day to be fixed by
proclamation.
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 Controlled Substances
Act 1984
4—Amendment
of section 44—Matters to be considered when court fixes
penalty
Section 44(1)—after paragraph (d) insert:
(daa) in the case of an offence against section 33—whether a child
was present at any stage when the offence occurred; and
5—Amendment
of section 52—Power to search, seize etc
Section 52—after subsection (9) insert:
(9a) Without limiting the circumstances in which an authorised officer who
is a police officer may form a reasonable suspicion for the purposes of
subsection (6) or (9), if the officer sees a person or vehicle entering or
leaving premises that the officer reasonably suspects are used for the
manufacture, distribution or storage of a substance, and possession of the
substance by a person would contravene this Act, it is reasonable for the
officer to suspect that the person has the substance in the person's possession
or that the substance is in the vehicle or a vehicle in which the person is
present after leaving the premises.
Part 3—Amendment
of Criminal Assets Confiscation
Act 2005
6—Amendment
of section 209—Credits to Victims of Crime Fund
Section 209(1)—delete "(including any costs involved in dealing with,
or disposing of property in accordance with this Act and salary and other costs
associated with the employment of the Administrator)"
7—Amendment
of section 227—Costs and exemplary or punitive
damages
Section 227—after subsection (1) insert:
(1a) However, the court may not award exemplary or punitive damages to the
person.
8—Amendment
of section 230—Regulations
Section 230—after its present contents (now to be designated as
subsection (1)) insert:
(2) Regulations under this Act may—
(a) be of general application or limited application; and
(b) make different provision according to the matters or circumstances to
which they are expressed to apply; and
(c) provide that a matter or thing in respect of which regulations may be
made is to be determined according to the discretion of the Minister or the
DPP.