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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Attorney-General's Portfolio) (No 2)
Bill 2019
A BILL FOR
An Act to amend various Acts the administration of which is committed to
the Attorney-General.
Contents
Part 2—Amendment of Coroners
Act 2003
4Amendment
of section 33—Immunities
Part 3—Amendment
of Criminal Procedure Act 1921
5Amendment
of section 180—Orders as to firearms and offensive weapons
Part 4—Amendment of District Court
Act 1991
6Amendment
of section 46—Immunities
Part 5—Amendment of Environment,
Resources and Development Court Act 1993
7Amendment
of section 36—Immunities
Part 6—Amendment of Evidence
Act 1929
9Amendment
of section 67H—Meaning of sensitive material
Part 7—Amendment of Liquor Licensing
Act 1997
10Amendment of section
15—Judges
Part 8—Amendment of Magistrates Court
Act 1991
11Amendment of
section 44—Immunities
Part 9—Amendment
of Public Interest Disclosure Act 2018
12Amendment of section 12—Duties of
principal officers
Part 10—Amendment of Sentencing
Act 2017
13Amendment of section
124—Compensation
Part 11—Amendment of Serious and
Organised Crime (Unexplained Wealth) Act 2009
14Amendment of section 36—Expiry of
Act
Part 12—Amendment of Sheriff's
Act 1978
15Amendment of section
4—Interpretation
Part 13—Amendment
of Spent Convictions Act 2009
16Amendment of section 13A—Exclusions may
not apply
17Amendment of Schedule
1—Exclusions
Part 14—Amendment
of Summary Offences Act 1953
18Amendment of section 21OD—Designated
areas
Part 15—Amendment of Supreme Court
Act 1935
19Amendment of section
110C—Immunities
Part 16—Amendment of Surveillance
Devices Act 2016
Part 17—Amendment of Trustee
Act 1936
21Amendment of section
69B—Alteration of purposes of charitable trust
Part 18—Amendment of Youth Court
Act 1993
23Amendment of section
26—Immunities
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Attorney-General's
Portfolio) (No 2) Act 2019.
(1) Subject to this section, this Act will come into operation on the day
on which it is assented to by the Governor.
(2)
Part 3
will come into operation on a day to be fixed by proclamation.
(3)
Part 9
will come into operation—
(a) on the day on which section 12 of the
Public
Interest Disclosure Act 2018
comes into operation; or
(b) on the day on which this Act is assented to by the Governor,
whichever is the later.
(4)
Part 13
will come into operation immediately after Part 12 of the
Statutes
Amendment (Attorney-General's Portfolio No 3) Act 2017
comes into operation.
(5)
Part 14
will come into operation—
(a) on the day on which section 4 of the
Summary
Offences (Liquor Offences) Amendment Act 2018
comes into operation; or
(b) on the day on which this Act is assented to by the Governor,
whichever is the later.
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 Coroners
Act 2003
4—Amendment
of section 33—Immunities
Section 33—delete subsection (1) and substitute:
(1) A coroner has the same protections, privileges and immunities from
liability as a Judge of the Supreme Court.
(2) A member of the administrative and ancillary staff of the Coroner's
Court, an investigator or a person assisting an investigator incurs no civil or
criminal liability for an honest act or omission in carrying out or purportedly
carrying out official functions.
Part 3—Amendment
of Criminal Procedure
Act 1921
5—Amendment
of section 180—Orders as to firearms and offensive
weapons
(1) Section 180—after subsection (1) insert:
(1a) If a court makes an order under subsection (1)(g)(i) that a
person is subject to a firearms prohibition order—
(a) the order operates as a firearms prohibition order in force against
the person under Part 8 of the
Firearms
Act 2015
; and
(b) the court may exercise the powers of the Registrar under
section 45(17) of the
Firearms
Act 2015
to grant an exemption from specified provisions of that section;
and
(c) the Registrar of the court must notify the Registrar of Firearms of
the details of the order.
(2) Section 180(4)—after "under this section" insert:
(other than an order under subsection (1)(g)(i) that a specified
person is subject to a firearms prohibition order)
(3) Section 180(4), penalty provision—delete the penalty
provision and substitute:
Maximum penalty:
(a) in the case of a breach of an order relating to a
firearm—$50 000 or imprisonment for 10 years;
(b) in the case of a breach of an order relating to an offensive
weapon—$10 000 or imprisonment for 2 years.
Part 4—Amendment
of District Court
Act 1991
6—Amendment
of section 46—Immunities
Section 46(1)—delete "civil"
Part 5—Amendment
of Environment, Resources and Development Court
Act 1993
7—Amendment
of section 36—Immunities
Section 36(1)—delete "civil"
Part 6—Amendment
of Evidence
Act 1929
8—Amendment
of section 29A—Victim or alleged victim who is a witness entitled to be
present in court unless court orders otherwise
Section 29A—after "victim" wherever occurring insert in each
case:
, or alleged victim,
9—Amendment
of section 67H—Meaning of sensitive material
Section 67H(3)(b)—after "victim" insert:
, or alleged victim,
Part 7—Amendment
of Liquor Licensing
Act 1997
10—Amendment
of section 15—Judges
Section 15(7)—delete "civil"
Part 8—Amendment
of Magistrates Court
Act 1991
11—Amendment
of section 44—Immunities
Section 44(1)—delete "civil"
Part 9—Amendment
of Public Interest Disclosure
Act 2018
12—Amendment
of section 12—Duties of principal officers
(1) Section 12(4)—after "agency" insert:
or council
(2) Section 12(4)(a)—after "agency" insert:
or council
(3) Section 12(4)(b)—after "agency" insert:
or council
(4) Section 12(5)(a)(i)—after "agency" insert:
or council
(5) Section 12(5)(b)—delete paragraph (b) and
substitute:
(b) be made available free of charge on the Internet, and—
(i) in the case of a public sector agency— at premises determined by
the responsible Minister; or
(ii) in the case of a council—at the principal office of the
council,
for inspection by members of the public.
(6) Section 12(6)(b)—after "public sector agency" insert:
or council
Part 10—Amendment
of Sentencing
Act 2017
13—Amendment
of section 124—Compensation
Section 124(6)(c)—delete paragraph (c)
Part 11—Amendment
of Serious and Organised Crime (Unexplained
Wealth) Act 2009
14—Amendment
of section 36—Expiry of Act
Section 36—delete "10" and substitute:
20
Part 12—Amendment
of Sheriff's
Act 1978
15—Amendment
of section 4—Interpretation
Section 4(1), definition of premises of a participating
body—delete the definition and substitute:
premises of a participating body means—
(a) any premises or place occupied in connection with the operation of a
participating body (whether on a permanent or temporary basis),
including—
(i) the precincts and immediate environs of the premises or place and
adjacent carparks and footpaths; and
(ii) laneways between or abutting the premises or place; and
(iii) any premises or place at which the body is conducting a view or
inspection for the purposes of proceedings;
(b) court buildings and the exit and entry points and steps to those
buildings;
Part 13—Amendment
of Spent Convictions
Act 2009
16—Amendment
of section 13A—Exclusions may not apply
(1) Section 13A(1a)—delete subsection (1a)
(2) Section 13A(6)—delete "subsection (1)" and
substitute:
this section
(3) Section 13A(6a)—delete subsection (6a)
(4) Section 13A(9)—delete subsection (9)
17—Amendment
of Schedule 1—Exclusions
(1) Schedule 1, clause a1(1)—delete subclause (1) and
substitute:
(1) An exclusion set out in a clause of this Schedule—
(a) does not apply in relation to an offence if the conviction has been
quashed and the person has been granted a pardon for the offence,
except—
(i) in relation to the operation of clause 9A; or
(ii) as may be prescribed by the regulations;
(b) does not apply in relation to a designated sex-related offence in
relation to which an order has been made under section 8A, except as may be
prescribed by the regulations.
(2) Schedule 1, clause a1(2)—delete "6,"
(3) Schedule 1, clause a1(2)—delete "section 13A(1)" and
substitute:
section 13A
(4) Schedule 1, clause a1(3)—delete
subclause (3)
Part 14—Amendment
of Summary Offences
Act 1953
18—Amendment
of section 21OD—Designated areas
Section 21OD(3)—delete "cannot include within a designated area land
that is more than 20km from the boundary of a prescribed area" and
substitute:
can only include within a designated area land that is within 20 km of
a boundary of a relevant prescribed area
Part 15—Amendment
of Supreme Court
Act 1935
19—Amendment
of section 110C—Immunities
Section 110C(1)—delete "civil"
Part 16—Amendment
of Surveillance Devices
Act 2016
20—Amendment
of section 12—Prohibition on communication or publication derived from use
of surveillance device
Section 12—after subsection (1) insert:
(1a) A person must not knowingly communicate or publish information or
material derived from the use (whether by that person or another person) of a
listening device in contravention of section 4 of the
Listening
and Surveillance Devices Act 1972
(as in force immediately prior to the commencement of this Act).
Maximum penalty: $10 000 or imprisonment for 2 years.
Part 17—Amendment
of Trustee
Act 1936
21—Amendment
of section 69B—Alteration of purposes of charitable
trust
(1) Section 69B—before subsection (1) insert:
(aa1) Subject to
subsection (1), the purposes for which property is required or permitted to
be applied in pursuance of a charitable trust may be altered by a scheme
approved under this section.
(a1) The powers of the trustees of a charitable trust in respect of which
a trust variation scheme under this section may be approved by the
Attorney-General (on account of the operation of subsection (3)(b)) to
manage or administer the trust may be altered by a scheme approved under this
section.
(2) Section 69B(1)—delete "scheme (a trust variation
scheme) approved under this section" and substitute:
trust variation scheme
(3) Section 69B—after subsection (9) insert:
(10) In this section—
trust variation scheme means a scheme approved under this
section for the alteration of a charitable trust.
The amendments to the
Trustee
Act 1936
made by
section 21
of this Act apply to a charitable trust whether the trust was constituted
before or after the commencement of
section 21
.
Part 18—Amendment
of Youth Court
Act 1993
23—Amendment
of section 26—Immunities
Section 26(1)—delete "civil"