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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)
Bill 2014
A BILL FOR
An Act to amend the Burial
and Cremation Act 2013; the Child
Sex Offenders Registration Act 2006; the Criminal
Law Consolidation Act 1935; the Criminal
Law (Sentencing) Act 1988; the Legal
Practitioners Act 1981; the Magistrates
Act 1983; and the Summary
Offences Act 1953.
Contents
Part 1—Preliminary
1Short title
2Commencement
3Amendment
provisions
Part 2—Amendment of Burial and
Cremation Act 2013
4Amendment of section
10—Cremation permits
Part 3—Amendment of Child Sex
Offenders Registration Act 2006
5Amendment of
Schedule 1—Class 1 and 2 offences
Part 4—Amendment of Criminal Law
Consolidation Act 1935
6Amendment of heading to Part 3
Division 11A
7Amendment of section
62—Interpretation
8Amendment of section 63—Production
or dissemination of child exploitation material
9Amendment of
section 63A—Possession of child exploitation material
10Amendment of section 63C—Material to
which Division relates
Part 5—Amendment of Criminal Law
(Sentencing) Act 1988
11Amendment of section
29E—Re-sentencing for subsequent cooperation with law enforcement
agency
Part 6—Amendment of Legal
Practitioners Act 1981
12Amendment of section
52AA—Professional indemnity insurance required by interstate practitioners
etc
Part 7—Amendment of Magistrates
Act 1983
13Insertion of section
6B
6BActing Chief
Magistrate
14Amendment of section 7—Administration of
magistracy
Part 8—Amendment of Summary Offences
Act 1953
15Amendment of section 21F—Prohibited
weapons
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Attorney-General's
Portfolio) Act 2014.
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 Burial and Cremation
Act 2013
4—Amendment
of section 10—Cremation permits
Section 10(5)(b)(i)—delete subparagraph (i) and
substitute:
(i) 2 certificates under section 36 of the Births,
Deaths and Marriages Registration Act 1996 certifying that the
deceased died from natural causes, 1 certificate being signed
by—
(A) a medical practitioner who was responsible for the deceased's medical
care immediately before death; or
(B) a medical practitioner who examined the body of the deceased after
death,
and the other certificate being signed by another medical practitioner;
or
Part 3—Amendment
of Child Sex Offenders Registration
Act 2006
5—Amendment
of Schedule 1—Class 1 and 2 offences
Schedule 1, Part 3, clause 3—delete "child pornography" wherever
occurring and substitute in each case:
child exploitation material
Part 4—Amendment
of Criminal Law Consolidation
Act 1935
6—Amendment
of heading to Part 3 Division 11A
Part 3, Division 11A, heading—delete "pornography"
and substitute:
exploitation material
7—Amendment
of section 62—Interpretation
(1) Section 62, definition of child pornography—delete
"pornography" and substitute:
exploitation material
(2) Section 62, definition of child pornography,
(b)—delete paragraph (b) and substitute:
(b) that is of a pornographic nature;
(3) Section 62, definition of disseminate—delete
"pornography" and substitute:
exploitation material
(4) Section 62, definition of pornographic
nature—delete the definition and substitute:
pornographic nature—material is of a pornographic
nature for the purposes of this Division if the material is intended or
apparently intended—
(a) to excite or gratify sexual interest; or
(b) to excite or gratify a sadistic or other perverted interest in
violence or cruelty;
Note—
See also section 63C(1)
8—Amendment
of section 63—Production or dissemination of child exploitation
material
Section 63—delete "pornography" wherever occurring and
substitute in each case:
exploitation material
9—Amendment
of section 63A—Possession of child exploitation
material
(1) Section 63A(1)—delete "pornography" wherever occurring and
substitute in each case:
exploitation material
(2) Section 63A(3)—after "offence involving" insert:
child exploitation material or
10—Amendment
of section 63C—Material to which Division relates
Section 63C(3)—delete "pornographic" and substitute:
to be of a pornographic nature
Part 5—Amendment
of Criminal Law (Sentencing)
Act 1988
11—Amendment
of section 29E—Re-sentencing for subsequent cooperation with law
enforcement agency
Section 29E—after subsection (5) insert:
(5a) Except as provided in this section, in determining a new sentence on
an application under this section the court must apply the law that was
applicable in relation to the relevant sentence at the time that sentence was
imposed (and this subsection applies to an application under this section,
whether made or determined before or after the commencement of this
subsection).
Part 6—Amendment
of Legal Practitioners
Act 1981
12—Amendment
of section 52AA—Professional indemnity insurance required by interstate
practitioners etc
Section 52AA(4)—delete "subsection (3)" and
substitute:
this section
Part 7—Amendment
of Magistrates
Act 1983
After section 6A insert:
6B—Acting Chief Magistrate
(a) the Chief Magistrate is absent or, for any reason, is unable for the
time being to carry out the duties of the office; or
(b) the office of the Chief Magistrate becomes vacant,
the Governor may appoint a Magistrate to be Acting Chief Magistrate
until—
(c) the Chief Magistrate returns to official duties; or
(d) a person is appointed to the office of the Chief Magistrate,
as the case requires.
(2) Any power or duty attached to the office of the Chief Magistrate by or
under this or any other Act—
(a) on the appointment of a Magistrate to be Acting Chief
Magistrate—devolves on the Magistrate so appointed; or
(b) if no such appointment is made—devolves (during the absence or
inability of the Chief Magistrate, or until the vacancy is filled) on the most
senior of the other Magistrates available to undertake those
responsibilities.
14—Amendment
of section 7—Administration of magistracy
Section 7(2)—delete subsection (2)
Part 8—Amendment
of Summary Offences
Act 1953
15—Amendment
of section 21F—Prohibited weapons
(1) Section 21F(3)(a)—after "person" insert:
or a class of persons
(2) Section 21F(3)(b)—delete "(provided that such variation or
revocation is of no effect unless the person has been given notice of the
variation or revocation)"
(3) Section 21F—after subsection (4) insert:
(4a) A declaration made by the Minister under subsection (3) in
respect of a class of persons—
(a) must be notified in the Gazette; and
(b) has effect for the period specified in the declaration (being a period
not exceeding 1 month); and
(c) has effect despite any provision of Schedule 2.
(4b) A variation or revocation of a declaration under subsection (3)
is of no effect unless—
(a) in the case of a variation or revocation of a declaration in respect
of a person—the person has been given notice of the variation or
revocation; or
(b) in the case of a variation or revocation of a declaration in respect
of a class of persons—the variation or revocation is notified in the
Gazette.