Title: Sentencing (Miscellaneous) Amendment Bill 2018
Author: Office of Parliamentary Counsel
Last saved by: Ms Shirley Armstrong
Category: parliamentary.copy
Document comments: lc65

Legislative Council—No 65
As received from the House of Assembly and read a first time, 24 October 2018

Sentencing (Miscellaneous) Amendment Bill 2018
Contents

Sentencing (Miscellaneous) Amendment Bill 2018

Sentencing (Miscellaneous) Amendment Bill 2018
Part 1—Preliminary

Sentencing (Miscellaneous) Amendment Bill 2018
Preliminary—Part 1

Sentencing (Miscellaneous) Amendment Bill 2018
Part 2—Amendment of Sentencing Act 2017

Sentencing (Miscellaneous) Amendment Bill 2018
Amendment of Sentencing Act 2017—Part 2

South Australia
Sentencing (Miscellaneous) Amendment Bill 2018
A Bill For
An Act to amend the Sentencing Act 2017.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Sentencing Act 2017
4	Amendment of section 5—Interpretation
5	Amendment of section 40—Reduction of sentences for guilty pleas in other cases
6	Amendment of section 71—Home detention orders
7	Amendment of section 79—Purpose of intensive correction order
8	Amendment of section 98—Conditions of bonds under this Act
9	Amendment of section 103—Variation or discharge of bond

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Sentencing (Miscellaneous) Amendment Act 2018.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
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 Sentencing Act 2017
4—Amendment of section 5—Interpretation
Section 5(1), definition of intervention program manager—delete the definition and substitute:
intervention program manager means—
	(a)	for the purposes of sections 29 and 30—a person employed by the South Australian Courts Administration Authority (including a delegate of such a person) to have general oversight of intervention programs referred to in those sections and to coordinate the implementation of relevant court orders under those sections; or
	(b)	for the purposes of this Act (other than sections 29 and 30)—a person employed in the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982 (including a delegate of such a person) to have general oversight of intervention programs and coordinate the implementation of relevant court orders;
5—Amendment of section 40—Reduction of sentences for guilty pleas in other cases
	(1)	Section 40(3)(d)—delete "arraignment appearance" and substitute:
first date fixed for the arraignment
	(2)	Section 40(3)(e)—delete "defendant's arraignment appearance" and substitute:
first date fixed for the arraignment of the defendant
6—Amendment of section 71—Home detention orders
	(1)	Section 71(5), definition of serious and organised crime offence, (a)—after subparagraph (iii) insert:
	(iv)	an attempt to commit any of the offences referred to in any of the preceding subparagraphs; or
	(2)	Section 71(5), definition of serious and organised crime offence, (b)—after subparagraph (v) insert:
	(vi)	an attempt to commit any of the offences referred to in any of the preceding subparagraphs;
7—Amendment of section 79—Purpose of intensive correction order
Section 79(1)(a)—delete "12 months" and substitute:
2 years
8—Amendment of section 98—Conditions of bonds under this Act
Section 98(7)(b)—delete "case manager" and substitute:
community corrections officer
9—Amendment of section 103—Variation or discharge of bond
Section 103(2)—delete ", despite the fact that the term, as so extended, exceeds 3 years"

HA GP 309-D OPC 32