Statutes Amendment (Sentencing) Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (22:01): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading it.

Leave granted.

The Statutes Amendment (Sentencing) Bill 2017 ('the Bill') includes consequential amendments to a number of South Australian Acts as a result of the Sentencing Act 2017 ('the Sentencing Act') passing Parliament.

The Sentencing Act repeals and replaces the Criminal Law (Sentencing) Act 1988. It was a major rewrite and modernisation of the sentencing law of South Australia. As the Criminal Law (Sentencing) Act 1988 will be repealed, it is necessary to replace references to this Act in all other South Australian statutes.

The Bill also replicates provisions previously located in the Criminal Law (Sentencing) Act 1988 relating to the limits to the jurisdiction of the Magistrates Court, in the Magistrates Court Act 1991. Likewise current provisions in the Criminal Law (Sentencing) Act 1988 relating to sentencing in the Environment, Resources and Development ('ERD') Court have been replicated in the Environment, Resources and Development Act 1993.Shifting the existing provisions into the Magistrates Court 1991 and the Environment, Resources and Development Act 1993 respectively is a more logical place to house the provisions relating to the jurisdiction and powers of those courts.

This Bill is the final stage in completing the major reform to the sentencing law in this State. The new Sentencing Act reforms the way courts sentences offenders, and the results of the sentencing process. It introduces the safety of the community as the primary consideration in sentencing with every other consideration subject to that overriding consideration. . It also provides a wider variety of sentencing options to promote alternatives to custodial sentences in favour of community based correction for non-violent and non-dangerous offenders, giving the courts greater flexibility in sentencing to support the rehabilitation of offenders in appropriate cases.

This Bill ensures that all consequential amendments to the South Australian Statute book necessary for the smooth transition from the previous Criminal Law (Sentencing) Act 1988 to the new Sentencing Act are in place.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Bail Act 1985

4—Amendment of section 10A—Presumption against bail in certain cases

Part 3—Amendment of Births, Deaths and Marriages Registration Act 1996

5—Amendment of section 29B—Interpretation

Part 4—Amendment of Child Sex Offenders Registration Act 2006

6—Amendment of section 4—Interpretation

7—Amendment of Schedule 1—Class 1 and 2 offences

Part 5—Amendment of Community Based Sentences (Interstate Transfer) Act 2015

8—Amendment of section 3—Interpretation

Part 6—Amendment of Correctional Services Act 1982

9—Amendment of section 4—Interpretation

10—Amendment of section 37CA—Home detention officers

11—Amendment of section 38—Release of prisoner from prison or home detention

12—Amendment of section 66—Automatic release on parole for certain prisoners

Part 7—Amendment of Criminal Assets Confiscation Act 2005

13—Amendment of section 224—Effect of confiscation scheme on sentencing

Part 8—Amendment of Criminal Law Consolidation Act 1935

14—Amendment of section 83GF—Sentencing

15—Amendment of section 83K—Enforcement of order for compensation etc

16—Amendment of section 269R—Reports and statements to be provided to court

Part 9—Amendment of Criminal Law (High Risk Offenders) Act 2015

17—Amendment of section 4—Interpretation

Part 10—Amendment of District Court Act 1991

18—Amendment of section 54—Accessibility to Court records

The amendments referred to in the preceding Parts and clauses are consequential on the enactment of the new Sentencing Act and the repeal of the Criminal Law (Sentencing) Act 1988 (the repealed Act) and substitute obsolete references to the repealed Act with references to the new Sentencing Act.

Part 11—Amendment of Environment, Resources and Development Court Act 1993

19—Insertion of sections 28D and 28E

28D—Sentencing conferences

28E—Deferral of sentence following sentencing conference

The substance of these 2 sections was formerly set out in the repealed Act. It is more appropriate that matters dealing specifically with the ERD Court be inserted in its own specific Act.

20—Amendment of section 47—Accessibility of evidence

Part 12—Amendment of Firearms Act 2015

21—Amendment of section 57—Power to inspect or seize firearms etc

Part 13—Amendment of Intervention Orders (Prevention of Abuse) Act 2009

22—Amendment of section 31—Contravention of intervention order

The amendments proposed by clauses 20 to 22 (inclusive) to the various Acts are consequential.

Part 14—Amendment of Magistrates Court Act 1991

23—Amendment of section 9—Criminal jurisdiction

It is proposed to insert a number of subsections into current section 9 that were formerly contained in the repealed Act. It is more appropriate for jurisdictional issues relating specifically to the Magistrates Court to be included in the relevant principal Act. Other amendments update obsolete references.

24—Amendment of section 51—Accessibility to Court records

Part 15—Amendment of Parliamentary Committees Act 1991

25—Amendment of section 15O—Functions of Committee

Part 16—Amendment of Prisoners (Interstate Transfer) Act 1982

26—Amendment of section 28—Ancillary provisions relating to translated sentences

Part 17—Amendment of Road Traffic Act 1961

27—Amendment of 44B—Misuse of motor vehicle

Part 18—Amendment of Shop Theft (Alternative Enforcement) Act 2000

28—Amendment of section 3—Interpretation

29—Amendment of Schedule 3—Provisions relating to community service

Part 19—Amendment of Spent Convictions Act 2009

30—Amendment of section 3—Preliminary

Part 20—Amendment of Summary Offences Act 1953

31—Amendment of section 17AA—Misuse of a motor vehicle on private land

Part 21—Amendment of Supreme Court Act 1935

32—Amendment of section 131—Accessibility to Court records

Part 22—Amendment of Victims of Crime Act 2001

33—Amendment of section 10—Victim entitled to have impact of offence considered by sentencing court and to make submissions on parole

34—Amendment of section 32—Imposition of levy

35—Amendment of section 32A—Victim may exercise rights through an appropriate representative

Part 23—Amendment of Young Offenders Act 1993

36—Amendment of section 4—Interpretation

37—Amendment of section 22—Power to sentence

The amendments proposed to the various Acts by clauses 24 to 37 (inclusive) are consequential on the enactment of the new Sentencing Act and the repeal of the repealed Act.

Debate adjourned on motion of Hon. J.S.L. Dawkins.