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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-11-14 Daily Xml
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Statutes Amendment (Sentencing) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 18 October 2017.)

The Hon. A.L. McLACHLAN (17:45): I rise to speak to the Statutes Amendment (Sentencing) Bill. I speak on behalf of the Liberal opposition and indicate that the Liberal Party will be supporting the second reading. The bill follows on from the passing of an earlier sentencing bill, now act, which passed the parliament earlier this year. That act repealed its predecessor, the Criminal Law (Sentencing) Act 1988, and rewrote the legislation for the sentencing of criminal offenders in South Australia. The reforms included changes to sentencing considerations, the introduction of more non-custodial sentencing options for non-violent offenders and new sentencing discount guidelines. The new laws, although passed, are not yet in operation.

This bill will remove all references to the old 1988 sentencing act in all South Australian statutes and update them with references to the new act. When introducing the bill in the other place, the government advised that this bill is the final stage in completing major reform to the sentencing law in this state and that the bill ensures that all consequential amendments to the South Australian statute book necessary for the seamless transition from the previous Criminal Law (Sentencing) Act 1988 to the new sentencing act are in place.

The bill also replicates the old provisions concerning the jurisdictional limits of the Magistrates Court, but instead inserts them into the Magistrates Court Act. It similarly does this for the provisions relating to the jurisdictional limit of the Environment, Resources and Development Court, instead inserting them into the Environment, Resources and Development Court Act 1993. This was thought to be a more logical and appropriate place for these provisions to reside. It is our understanding that the regulations have not yet been drafted. The opposition supports the passage of the bill in the Legislative Council. I commend the bill to the chamber.

Debate adjourned on motion of Hon. T.J. Stephens.

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