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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Sentencing) (Mandatory Imprisonment of
Child Sex Offenders) Amendment Bill 2012
A BILL FOR
An Act to amend the Criminal
Law (Sentencing) Act 1988.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Criminal Law
(Sentencing) Act 1988
4Amendment of section 20—This Division
does not affect mandatory sentences
5Insertion of Part 2
Division 2B
Division 2B—Mandatory imprisonment
of child sex offenders
20DApplication
20EMandatory imprisonment of child sex
offenders
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Sentencing) (Mandatory
Imprisonment of Child Sex Offenders) Amendment Act 2012.
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 (Sentencing)
Act 1988
4—Amendment
of section 20—This Division does not affect mandatory
sentences
Section 20—after its present contents (now to be designated as
subsection (1)) insert:
(2) Except as specifically provided in this Act, nothing in this Division
derogates from a provision of this Act that expressly prohibits the reduction,
mitigation or substitution of penalties or sentences.
5—Insertion
of Part 2 Division 2B
After section 20C insert:
Division 2B—Mandatory imprisonment of child
sex offenders
20D—Application
This Division does not apply in relation to a youth unless the youth is
dealt with as an adult pursuant to the Young
Offenders Act 1993.
20E—Mandatory imprisonment of child sex
offenders
(1) This section applies in relation to a prescribed sexual offence
committed by a person before or after the commencement of this section provided
that the person was not charged with the offence, or another prescribed sexual
offence arising out of the same conduct, before the commencement of this
section.
(2) The following
provisions apply in relation to the determination of sentence for an offence to
which this section applies:
(a) a court must,
in relation to such an offence, impose a sentence of imprisonment
of—
(i) if the maximum period of imprisonment prescribed in relation to the
offence is life—not less than 10 years; or
(ii) in any other case—not less than one third of the maximum
period of imprisonment prescribed in relation to the offence (rounded to the
next whole day);
(b) a sentence of
imprisonment required to be imposed under
paragraph (a)
constitutes a mandatory minimum non-parole period for the offence;
(c) such a sentence
may not be suspended, reduced or mitigated, or substituted with any other
penalty or sentence, except with the agreement of the Director of Public
Prosecutions.
(3) In this section—
prescribed sexual offence means—
(a) any of the following offences committed against or in respect of a
child under the age of 14 years:
(i) an offence under section 48, 48A, 49(1), 50, 56, 58, 59, 60, 61,
63B, 66, 67, 68 or 72 of the Criminal
Law Consolidation Act 1935;
(ii) a conspiracy to commit, or an attempt to commit, such an
offence;
(iii) aiding, abetting, counselling or procuring the commission of such an
offence;
(iv) an offence under a law previously in force in this State that
corresponds to such an offence; or
(b) any of the following offences involving child pornography in which the
child concerned is under or apparently under the age of 14 years:
(i) an offence under section 63 or 63A of the Criminal
Law Consolidation Act 1935;
(ii) a conspiracy to commit, or an attempt to commit, such an
offence;
(iii) aiding, abetting, counselling or procuring the commission of such an
offence;
(iv) an offence under a law previously in force in this State that
corresponds to such an offence.