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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law Consolidation (Looting) Amendment
Bill 2009
A BILL FOR
An Act to amend the Criminal Law Consolidation
Act 1935.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Criminal Law Consolidation
Act 1935
4 Amendment of section 5AA—Aggravated
offences
5 Amendment of section 134—Theft (and receiving)
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law Consolidation (Looting)
Amendment Act 2009.
This Act will come into operation 1 month after the day on which it is
assented to by the Governor.
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 Criminal Law Consolidation
Act 1935
4—Amendment of
section 5AA—Aggravated offences
Section 5AA(1)—after paragraph (h) insert:
(ha) in the case of an offence against Division 2 or 3 of Part 5—the
offender committed the offence in a place in relation to which, at the time of
the offence—
(i) there was in force a declaration under Part 4 of the Emergency
Management Act 2004; or
(ii) residents and others in the place, or in the vicinity of the place,
had been advised (by radio broadcast) by the South Australian Country Fire
Service that they should activate their bushfire action plan and that advice had
not been withdrawn or ceased to apply; or
(iii) residents and others had not been able to return to the place after
leaving in response to a declaration referred to in subparagraph (i) or the
provision of advice referred to in subparagraph (ii),
and the offender knew, or was reckless with respect to, that
fact;
5—Amendment of
section 134—Theft (and receiving)
Section 134(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) for a basic offence—imprisonment for 10 years;
(b) for an aggravated offence—imprisonment for 15 years.