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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Spent Convictions (Decriminalised Offences) Amendment
Bill 2013
A BILL FOR
An Act to amend the Spent
Convictions Act 2009.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Spent Convictions
Act 2009
4Amendment of section
3—Preliminary
5Amendment of section 5—Scope of
Act
6Amendment of section 8A—Spent conviction
for an eligible sex offence
7Amendment of section
13—Exclusions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Spent Convictions (Decriminalised Offences)
Amendment Act 2013.
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 Spent Convictions
Act 2009
4—Amendment
of section 3—Preliminary
(1) Section 3(1)—after the definition designated judicial
authority insert:
designated sex-related offence means—
(a) a sex offence—
(i) that is constituted by consenting adults engaging in sexual
intercourse, or another form of sexual activity; or
(ii) that is constituted by an adult procuring another adult to engage in
consensual sexual intercourse, or another form of consensual sexual activity;
or
(b) an offence prescribed as a designated sex-related offence for the
purposes of this definition;
(2) Section 3(1), definition of eligible sex
offence—delete the definition and substitute:
eligible sex offence means—
(a) a sex offence (being either an eligible adult offence or an eligible
juvenile offence) for which a sentence of imprisonment is not imposed;
or
(b) a designated sex-related offence;
(3) Section 3—after subsection (7) insert:
(8) For the purposes of the definition of designated sex-related
offence, a person will not be taken to have engaged in an activity with
his or her consent if the person would not be taken to have freely and
voluntarily agreed to the activity under section 46 of the Criminal
Law Consolidation Act 1935.
5—Amendment
of section 5—Scope of Act
Section 5(1)—after paragraph (b) insert:
(c) a conviction for a designated sex-related offence.
6—Amendment
of section 8A—Spent conviction for an eligible sex
offence
(1) Section 8A(5)—after "at the discretion of the qualified
magistrate and" insert:
(subject to subsection (6))
(2) Section 8A—after subsection (5) insert:
(6) In the case of a designated sex-related offence, the qualified
magistrate may make an order under this section without reference to any matters
set out in subsection (5) if the qualified magistrate is
satisfied—
(a) that the offence is a designated sex-related offence; and
(b) that the conduct constituting the offence has ceased, by operation of
law, to be an offence.
7—Amendment
of section 13—Exclusions
Section 13—after subsection (4) insert:
(5) The exclusions do not apply in relation to a designated sex-related
offence in relation to which an order has been made under
section 8A.