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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Procedure (Abolition of Complaints) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Summary
Procedure Act 1921
and to make related amendments to the
Acts
Interpretation Act 1915
.
Contents
Part 2—Amendment of Summary Procedure
Act 1921
4Amendment of section
4—Interpretation
5Amendment of section 5—Classification of
offences
6Amendment of section 20—Form of
warrant
7Amendment of section 22—Form of
summons
8Amendment of section 22A—Description of
offence
9Amendment of section
27—Service
10Amendment of section 27A—Service of
summons by post
11Amendment of section 27B—Hearing on a
written plea of guilty
12Amendment of section 27C—Hearing where
defendant fails to appear
13Amendment of heading to Part 4 Division
2
14Amendment of section
49—Information
15Amendment of section 51—Joinder and
separation of charges
16Amendment of section 54—Allegations and
descriptions in informations and proceedings
17Amendment of section 56—Exceptions or
exemptions need not be specified or disproved by informant
18Amendment of section 57—Issue of
summons
19Amendment of section 57A—Procedure
enabling written plea of guilty
20Amendment of section 58—Issue of
warrant
21Amendment of section 60—Forms of custody
etc
22Amendment of section 62—Proceedings on
non-appearance of defendant
23Amendment of section 62A—Power to
proceed in absence of defendant
24Amendment of section 62B—Powers of court
on written plea of guilty
26Amendment of section 62C—Proceedings in
absence of defendant
27Amendment of section 62D—Proof of
previous convictions
28Amendment of section 63—Non-appearance
of informant
29Amendment of section 64—If both parties
appear, court to hear and determine the case
30Amendment of section 67—When defendant
pleads guilty, court to convict or make an order
31Amendment of section 68—Procedure on
plea of not guilty
32Amendment of section 69—After hearing
the parties court to convict or dismiss
33Amendment of section 69A—Examination of
defendant
34Amendment of section 70A—Convictions
where charges joined in information
35Amendment of section 70B—Conviction for
attempt where full offence charged
36Amendment of section 71—Order and
certificate of dismissal
37Amendment of section 78—Non-association
and place-restriction orders
39Amendment of section 99AA—Paedophile
restraining orders
40Amendment of section 99AAC—Child
protection restraining orders
41Amendment of section 99C—Issue of
restraining order in absence of defendant
42Amendment of section 99G—Notification of
making etc of restraining orders
43Amendment of section 99J—Informations or
applications by or on behalf of child
44Amendment of section 102—Joinder and
separation of charges
45Amendment of section 104—Preliminary
examination of charges of indictable offences
46Amendment of section 107—Evaluation of
evidence at preliminary examination
47Amendment of section
181—Charges
48Amendment of section 187A—Proof of
convictions or orders
49Amendment of section 189C—Costs against
informant in proceedings for restraining order
Schedule 1—Related amendments and
transitional provisions
Part 1—Amendment of Acts
Interpretation Act 1915
1Amendment of section 44—Interpretation of
references to summary proceedings, complaints etc
2Certain statements to have effect as
affidavits
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Procedure (Abolition of Complaints)
Amendment Act 2016.
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 Summary Procedure
Act 1921
4—Amendment
of section 4—Interpretation
Section 4(1), definition of complaint—delete the
definition
5—Amendment
of section 5—Classification of offences
(1) Section 5(6)—delete "complaint" and substitute:
information
(2) Section 5(8)—delete "complaint or"
6—Amendment
of section 20—Form of warrant
(1) Section 20(1)(a)—delete "or complaint"
(2) Section 20(1)(c)—delete "or complaint"
7—Amendment
of section 22—Form of summons
(1) Section 22(a)—delete "or complaint"
(2) Section 22(c)—delete "or complaint"
8—Amendment
of section 22A—Description of offence
Section 22A(1)—delete "complaint,"
9—Amendment
of section 27—Service
Section 27(2)(a)—delete "complaint" and substitute:
information
10—Amendment
of section 27A—Service of summons by post
Section 27A(1)—delete "makes a complaint" and substitute:
lays an information
11—Amendment
of section 27B—Hearing on a written plea of guilty
Section 27B—delete "a complaint" and substitute:
an information
12—Amendment
of section 27C—Hearing where defendant fails to
appear
(1) Section 27C(1)—delete "a complaint" and substitute:
an information
(2) Section 27C(1)(a)—delete "complaint" and substitute:
information
(3) Section 27C(1)(b)—delete "complaint" and substitute:
information
(4) Section 27C(3)(c)—delete "complainant" and substitute:
informant
(5) Section 27C(3)(e)—delete "complaint" and substitute:
information
13—Amendment
of heading to Part 4 Division 2
Heading to Part 4 Division 2—delete "Complaint" and
substitute:
Information
14—Amendment
of section 49—Information
(1) Section 49(1)—delete "a complaint may be made" and
substitute:
an information may be laid
(2) Section 49(2)—delete "A complaint may be made by the complainant
personally or by a legal practitioner or other person duly authorised to make
the complaint on the complainant's" and substitute:
An information may be laid by the informant personally or by a legal
practitioner or other person duly authorised to lay the information on the
informant's
(3) Section 49(3)—delete "complaint is made orally" and
substitute:
information is laid orally
(4) Section 49(4)—delete "A complaint need not be made" and
substitute:
An information charging a person with summary offences only need not be
laid
(5) Section 49(4)(a)—delete "complaint to be made" and
substitute:
information to be laid
(6) Section 49(5)—delete "A complaint" and substitute:
An information
(7) Section 49(5)—delete "made" and substitute:
laid
15—Amendment
of section 51—Joinder and separation of charges
(1) Section 51—delete "complaint" wherever occurring and substitute
in each case:
information
(2) Section 51(2)(b)—delete "complaints" and substitute:
informations
16—Amendment
of section 54—Allegations and descriptions in informations and
proceedings
Section 54—delete "complaint" wherever occurring and substitute in
each case:
information
17—Amendment
of section 56—Exceptions or exemptions need not be specified or disproved
by informant
(1) Section 56—delete "complaint" wherever occurring and substitute
in each case:
information
(2) Section 56(2)—delete "complainant" and substitute:
informant
18—Amendment
of section 57—Issue of summons
(1) Section 57(1)—delete "a complaint has been made" and
substitute:
an information has been laid
(2) Section 57(2)(a)—delete "complaint is made" and
substitute:
information is laid
(3) Section 57(3)—delete "a complaint" and substitute:
an information
19—Amendment
of section 57A—Procedure enabling written plea of
guilty
(1) Section 57A(1)—delete "makes a complaint" and
substitute:
lays an information
(2) Section 57A(1)—delete "complaint" second occurring and
substitute:
information
(3) Section 57A(2)—delete "complaint" and substitute:
information
(4) Section 57A(7)—delete "complaint" and substitute:
information
(5) Section 57A(7a)(a)—delete "a complaint" and
substitute:
an information
(6) Section 57A(7a)—delete "complaint" second occurring and
substitute:
information
(7) Section 57A(8)—delete "a complainant uses the form of complaint"
and substitute:
an informant uses the form of information
(8) Section 57A(9)—delete "complaint" and substitute:
information
20—Amendment
of section 58—Issue of warrant
Section 58(a)—delete "complaint" and substitute:
information
21—Amendment
of section 60—Forms of custody etc
Section 60(1)—delete "complainant" and substitute:
informant
22—Amendment
of section 62—Proceedings on non-appearance of
defendant
Section 62—delete "complaint" wherever occurring and substitute in
each case:
information
23—Amendment
of section 62A—Power to proceed in absence of
defendant
(1) Section 62A(1)—delete "a complaint" and substitute:
an information
(2) Section 62A(1)—delete "complaint" second occurring and
substitute:
information
24—Amendment
of section 62B—Powers of court on written plea of
guilty
(1) Section 62B—delete "complaint" wherever occurring and substitute
in each case:
information
(2) Section 62B(4)—delete "complaint made against him and the court
before whom the defendant appears to answer the complaint" and
substitute:
information laid against him and the court before whom the defendant
appears to answer the information
(3) Section 62B(6)(c)—delete "complainant" and substitute:
informant
25—Amendment
of section 62BA—Proceedings where defendant neither appears nor returns
written plea of guilty
(1) Section 62BA(1)(a)—delete "a complaint has been made" and
substitute:
an information has been laid
(2) Section 62BA(1)(b)—delete "the complaint" wherever occurring and
substitute in each case:
the information
(3) Section 62BA(1)(b)—delete "a complaint" and
substitute:
an information
(4) Section 62BA(1)—delete "complaint" fifth and sixth occurring and
substitute in each case:
information
(5) Section 62BA(2)—delete "complaint" wherever occurring and
substitute in each case:
information
(6) Section 62BA(4)—delete "a complaint purports to have been made"
and substitute:
an information purports to have been laid
(7) Section 62BA(4)—delete "made" second occurring and
substitute:
laid
(8) Section 62BA(5)—delete "a complaint" and substitute:
an information
26—Amendment
of section 62C—Proceedings in absence of defendant
Section 62C—delete "complaint" wherever occurring and substitute in
each case:
information
27—Amendment
of section 62D—Proof of previous convictions
(1) Section 62D—delete "complaint" wherever occurring and substitute
in each case:
information
(2) Section 62D(1)—delete "complainant" and substitute:
informant
28—Amendment
of section 63—Non-appearance of informant
(1) Section 63(1)—delete "complainant" and substitute:
informant
(2) Section 63(1)—delete "complaint" and substitute:
information
29—Amendment
of section 64—If both parties appear, court to hear and determine the
case
Section 64—delete "complaint" and substitute:
information
30—Amendment
of section 67—When defendant pleads guilty, court to convict or make an
order
Section 67—delete "complaint" wherever occurring and substitute in
each case:
information
31—Amendment
of section 68—Procedure on plea of not guilty
(1) Section 68—delete "complaint" wherever occurring and substitute
in each case:
information
(2) Section 68(1)(a)—delete "complainant" and substitute:
informant
(3) Section 68(1)(c)—delete "complainant" and substitute:
informant
32—Amendment
of section 69—After hearing the parties court to convict or
dismiss
Section 69—delete "complaint" wherever occurring and substitute in
each case:
information
33—Amendment
of section 69A—Examination of defendant
Section 69A(1)—delete "a complaint" and substitute:
an information
34—Amendment
of section 70A—Convictions where charges joined in
information
Section 70A(1)—delete "complaint" and substitute:
information
35—Amendment
of section 70B—Conviction for attempt where full offence
charged
Section 70B—delete "a complaint" and substitute:
an information
36—Amendment
of section 71—Order and certificate of dismissal
Section 71—delete "complaint" wherever occurring and substitute in
each case:
information
37—Amendment
of section 78—Non-association and place-restriction
orders
(1) Section 78(1)—delete "A complaint may be made" and
substitute:
An information may be laid
(2) Section 78(2)—delete "a complaint" and substitute:
an information
(3) Section 78(2)(a)—delete "complaint" second occurring and
substitute:
information
38—Amendment
of section 80—Issue of non-association or place restriction order in
absence of defendant
Section 80(1) and (2)—delete "complaint" wherever occurring and
substitute in each case:
information
39—Amendment
of section 99AA—Paedophile restraining orders
(1) Section 99AA(a1)—delete "A complaint may be made" and
substitute:
An information may be laid
(2) Section 99AA(1)—delete "a complaint" and substitute:
an information
40—Amendment
of section 99AAC—Child protection restraining orders
(1) Section 99AAC(1)—delete "A complaint may be made" and
substitute:
An information may be laid
(2) Section 99AAC(2)—delete "a complaint" and substitute:
an information
(3) Section 99AAC(4)—delete "complaint" wherever occurring and
substitute in each case:
information
(4) Section 99AAC(7)—delete "complainant" and substitute:
informant
(5) Section 99AAC(7)—delete "complaint is not made" and
substitute:
information is not laid
(6) Section 99AAC(7)(a)—delete "complaint" and substitute:
information
(7) Section 99AAC(7)(b)—delete "complaint" and substitute:
information
(8) Section 99AAC(7)(c)—delete "complaint" wherever occurring and
substitute in each case:
information
(9) Section 99AAC(7)(d)—delete "complaint" wherever occurring and
substitute in each case:
information
(10) Section 99AAC(7)(e)—delete "complaint" and
substitute:
information
41—Amendment
of section 99C—Issue of restraining order in absence of
defendant
Section 99C(1) and (2)—delete "complaint" wherever occurring and
substitute in each case:
information
42—Amendment
of section 99G—Notification of making etc of restraining
orders
Section 99G—delete "complainant" wherever occurring and substitute in
each case:
informant
43—Amendment
of section 99J—Informations or applications by or on behalf of
child
(1) Section 99J—delete "A complaint" and substitute:
An information
(2) Section 99J—delete "be made" wherever occurring and substitute
in each case:
be laid or made
44—Amendment
of section 102—Joinder and separation of charges
Section 102(3a)—delete "a complaint" and substitute:
a separate information
45—Amendment
of section 104—Preliminary examination of charges of indictable
offences
(1) Section 104(3)—delete "a written statement verified by
declaration in the form prescribed by the rules" and substitute:
an affidavit
(2) Section 104(6)—delete subsection (6)
46—Amendment
of section 107—Evaluation of evidence at preliminary
examination
Section 107(3)(b)(iii)—delete "complaint" and substitute:
information charging the defendant with summary offences only
47—Amendment
of section 181—Charges
Section 181—delete "or complaint" wherever occurring
48—Amendment
of section 187A—Proof of convictions or orders
(1) Section 187A(1)—delete "or complaint"
(2) Section 187A(1)—delete "complaint" second occurring and
substitute:
information
49—Amendment
of section 189C—Costs against informant in proceedings for restraining
order
(1) Section 189C(1)—delete "a complainant" and substitute:
an informant
(2) Section 189C(1)—delete "the complainant" and
substitute:
the informant
(3) Section 189C(2), definition of complainant—delete
"complainant" and substitute:
informant
Schedule 1—Related
amendments and transitional provisions
Part 1—Amendment of Acts Interpretation
Act 1915
1—Amendment
of section 44—Interpretation of references to summary proceedings,
complaints etc
(1) Section 44(2)—delete "complaint" and substitute:
information
(2) Section 44—after subsection (2) insert:
(3) A reference in an
Act to a complaint (being an instrument charging a person with a summary
offence) will be taken to be a reference to an information under the
Summary
Procedure Act 1921
(and a reference to a complainant will be taken to be a reference to an
informant under that Act).
(4) A reference in an
Act to making a complaint in respect of an offence will be taken to be a
reference to laying an information under the
Summary
Procedure Act 1921
in respect of an offence of the relevant class.
(5) A reference in an Act to a complaint (being an instrument charging a
person with a summary offence) other than of a kind contemplated by
subsection (3)
or
(4)
is to be construed so as to recognise that, following the commencement of
the
Summary
Procedure (Abolition of Complaints) Amendment Act 2016
, all offences are to be charged on information.
Part 2—Transitional
provision
2—Certain
statements to have effect as affidavits
(1) For the purposes of section 104(3) of the
Summary
Procedure Act 1921
(as amended by this Act), a requirement under that subsection that a
statement be in the form of an affidavit will be taken to be satisfied if the
statement is in the form of a written statement verified by declaration made
before the commencement of this clause and in the form prescribed by the rules
(as in force immediately before the commencement of this clause).
(2) In this clause—
rules has the same meaning as in the
Summary
Procedure Act 1921
.