Title: Statutes Amendment (Attorney-General's Portfolio) (No 2)Bill 2019
Author: Office of Parliamentary Counsel
Last saved by: Baharak Teimorzadeh
Category: parliamentary.copy
Document comments: lc106

Legislative Council—No 106
As received from the House of Assembly and read a first time, 23 July 2019

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Contents

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 1—Preliminary

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Preliminary—Part 1

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 2—Amendment of Coroners Act 2003

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Coroners Act 2003—Part 2

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 3—Amendment of Criminal Procedure Act 1921

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Criminal Procedure Act 1921—Part 3

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 4—Amendment of District Court Act 1991

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of District Court Act 1991—Part 4

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 5—Amendment of Environment, Resources and Development Court Act 1993

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Environment, Resources and Development Court Act 1993—Part 5

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 6—Amendment of Evidence Act 1929

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Evidence Act 1929—Part 6

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 7—Amendment of Liquor Licensing Act 1997

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Liquor Licensing Act 1997—Part 7

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 8—Amendment of Magistrates Court Act 1991

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Magistrates Court Act 1991—Part 8

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 9—Amendment of Public Interest Disclosure Act 2018

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Public Interest Disclosure Act 2018—Part 9

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 10—Amendment of Sentencing Act 2017

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Sentencing Act 2017—Part 10

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 11—Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009—Part 11

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 12—Amendment of Sheriff's Act 1978

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Sheriff's Act 1978—Part 12

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 13—Amendment of Spent Convictions Act 2009

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Spent Convictions Act 2009—Part 13

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 14—Amendment of Summary Offences Act 1953

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Summary Offences Act 1953—Part 14

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 15—Amendment of Supreme Court Act 1935

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Supreme Court Act 1935—Part 15

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 16—Amendment of Surveillance Devices Act 2016

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Surveillance Devices Act 2016—Part 16

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 17—Amendment of Trustee Act 1936

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Trustee Act 1936—Part 17

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Part 18—Amendment of Youth Court Act 1993

Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
Amendment of Youth Court Act 1993—Part 18

South Australia
Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill 2019
A Bill For
An Act to amend various Acts the administration of which is committed to the Attorney‑General.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Coroners Act 2003
4	Amendment of section 33—Immunities
Part 3—Amendment of Criminal Procedure Act 1921
5	Amendment of section 180—Orders as to firearms and offensive weapons
Part 4—Amendment of District Court Act 1991
6	Amendment of section 46—Immunities
Part 5—Amendment of Environment, Resources and Development Court Act 1993
7	Amendment of section 36—Immunities
Part 6—Amendment of Evidence Act 1929
8	Amendment of section 29A—Victim or alleged victim who is a witness entitled to be present in court unless court orders otherwise
9	Amendment of section 67H—Meaning of sensitive material
Part 7—Amendment of Liquor Licensing Act 1997
10	Amendment of section 15—Judges
Part 8—Amendment of Magistrates Court Act 1991
11	Amendment of section 44—Immunities
Part 9—Amendment of Public Interest Disclosure Act 2018
12	Amendment of section 12—Duties of principal officers
Part 10—Amendment of Sentencing Act 2017
13	Amendment of section 124—Compensation
Part 11—Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009
14	Amendment of section 36—Expiry of Act
Part 12—Amendment of Sheriff's Act 1978
15	Amendment of section 4—Interpretation
Part 13—Amendment of Spent Convictions Act 2009
16	Amendment of section 13A—Exclusions may not apply
17	Amendment of Schedule 1—Exclusions
Part 14—Amendment of Summary Offences Act 1953
18	Amendment of section 21OD—Designated areas
Part 15—Amendment of Supreme Court Act 1935
19	Amendment of section 110C—Immunities
Part 16—Amendment of Surveillance Devices Act 2016
20	Amendment of section 12—Prohibition on communication or publication derived from use of surveillance device
Part 17—Amendment of Trustee Act 1936
21	Amendment of section 69B—Alteration of purposes of charitable trust
22	Transitional provision
Part 18—Amendment of Youth Court Act 1993
23	Amendment of section 26—Immunities

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019.
2—Commencement
	(1)	Subject to this section, this Act will come into operation on the day on which it is assented to by the Governor.
	(2)	Part 3 will come into operation on a day to be fixed by proclamation.
	(3)	Part 9 will come into operation—
	(a)	on the day on which section 12 of the Public Interest Disclosure Act 2018 comes into operation; or
	(b)	on the day on which this Act is assented to by the Governor,
whichever is the later.
	(4)	Part 13 will come into operation immediately after Part 12 of the Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017 comes into operation.
	(5)	Part 14 will come into operation—
	(a)	immediately after section 4 of the Summary Offences (Liquor Offences) Amendment Act 2018 comes into operation; or
	(b)	on the day on which this Act is assented to by the Governor,
whichever is the later.
	(6)	Part 16 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 Coroners Act 2003
4—Amendment of section 33—Immunities
Section 33—delete subsection (1) and substitute:
	(1)	A coroner has the same protections, privileges and immunities from liability as a Judge of the Supreme Court.
	(2)	A member of the administrative and ancillary staff of the Coroner's Court, an investigator or a person assisting an investigator incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions.

Part 3—Amendment of Criminal Procedure Act 1921
5—Amendment of section 180—Orders as to firearms and offensive weapons
	(1)	Section 180—after subsection (1) insert:
	(1a)	If a court makes an order under subsection (1)(g)(i) that a person is subject to a firearms prohibition order—
	(a)	the order operates as a firearms prohibition order in force against the person under Part 8 of the Firearms Act 2015; and
	(b)	the court may exercise the powers of the Registrar under section 45(17) of the Firearms Act 2015 to grant an exemption from specified provisions of that section; and
	(c)	the Registrar of the court must notify the Registrar of Firearms of the details of the order.
	(2)	Section 180(4)—after "under this section" insert:
(other than an order under subsection (1)(g)(i) that a specified person is subject to a firearms prohibition order)
	(3)	Section 180(4), penalty provision—delete the penalty provision and substitute:
Maximum penalty: 
	(a)	in the case of a breach of an order relating to a firearm—$50 000 or imprisonment for 10 years;
	(b)	in the case of a breach of an order relating to an offensive weapon—$10 000 or imprisonment for 2 years.

Part 4—Amendment of District Court Act 1991
6—Amendment of section 46—Immunities
Section 46(1)—delete "civil"

Part 5—Amendment of Environment, Resources and Development Court Act 1993
7—Amendment of section 36—Immunities
Section 36(1)—delete "civil"

Part 6—Amendment of Evidence Act 1929
8—Amendment of section 29A—Victim or alleged victim who is a witness entitled to be present in court unless court orders otherwise
Section 29A—after "victim" wherever occurring insert in each case:
, or alleged victim,
9—Amendment of section 67H—Meaning of sensitive material
Section 67H(3)(b)—after "victim" insert:
, or alleged victim,

Part 7—Amendment of Liquor Licensing Act 1997
10—Amendment of section 15—Judges
Section 15(7)—delete "civil"

Part 8—Amendment of Magistrates Court Act 1991
11—Amendment of section 44—Immunities
Section 44(1)—delete "civil"

Part 9—Amendment of Public Interest Disclosure Act 2018
12—Amendment of section 12—Duties of principal officers
	(1)	Section 12(4)—after "agency" insert:
or council
	(2)	Section 12(4)(a)—after "agency" insert:
or council
	(3)	Section 12(4)(b)—after "agency" insert:
or council
	(4)	Section 12(5)(a)(i)—after "agency" insert:
or council
	(5)	Section 12(5)(b)—delete paragraph (b) and substitute:
	(b)	be made available free of charge on the Internet, and—
	(i)	in the case of a public sector agency— at premises determined by the responsible Minister; or
	(ii)	in the case of a council—at the principal office of the council,
for inspection by members of the public.
	(6)	Section 12(6)(b)—after "public sector agency" insert:
or council

Part 10—Amendment of Sentencing Act 2017
13—Amendment of section 124—Compensation
Section 124(6)(c)—delete paragraph (c)

Part 11—Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009
14—Amendment of section 36—Expiry of Act
Section 36—delete "10" and substitute:
20

Part 12—Amendment of Sheriff's Act 1978
15—Amendment of section 4—Interpretation
Section 4(1), definition of premises of a participating body—delete the definition and substitute:
premises of a participating body means—
	(a)	any premises or place occupied in connection with the operation of a participating body (whether on a permanent or temporary basis), including—
	(i)	the precincts and immediate environs of the premises or place and adjacent carparks and footpaths; and
	(ii)	laneways between or abutting the premises or place; and
	(iii)	any premises or place at which the body is conducting a view or inspection for the purposes of proceedings;
	(b)	court buildings and the exit and entry points and steps to those buildings;

Part 13—Amendment of Spent Convictions Act 2009
16—Amendment of section 13A—Exclusions may not apply
	(1)	Section 13A(1a)—delete subsection (1a)
	(2)	Section 13A(6)—delete "subsection (1)" and substitute:
this section
	(3)	Section 13A(6a)—delete subsection (6a)
	(4)	Section 13A(9)—delete subsection (9)
17—Amendment of Schedule 1—Exclusions
	(1)	Schedule 1, clause a1(1)—delete subclause (1) and substitute:
	(1)	An exclusion set out in a clause of this Schedule—
	(a)	does not apply in relation to an offence if the conviction has been quashed and the person has been granted a pardon for the offence, except—
	(i)	in relation to the operation of clause 9A; or
	(ii)	as may be prescribed by the regulations;
	(b)	does not apply in relation to a designated sex‑related offence in relation to which an order has been made under section 8A, except as may be prescribed by the regulations.
	(2)	Schedule 1, clause a1(2)—delete "6,"
	(3)	Schedule 1, clause a1(2)—delete "section 13A(1)" and substitute:
section 13A
	(4)	Schedule 1, clause a1(3)—delete subclause (3)

Part 14—Amendment of Summary Offences Act 1953
18—Amendment of section 21OD—Designated areas
Section 21OD(3)—delete "cannot include within a designated area land that is more than 20km from the boundary of a prescribed area" and substitute:
can only include within a designated area land that is within 20 km of a boundary of a relevant prescribed area

Part 15—Amendment of Supreme Court Act 1935
19—Amendment of section 110C—Immunities
Section 110C(1)—delete "civil"

Part 16—Amendment of Surveillance Devices Act 2016
20—Amendment of section 12—Prohibition on communication or publication derived from use of surveillance device
Section 12—after subsection (1) insert:
	(1a)	A person must not knowingly communicate or publish information or material derived from the use (whether by that person or another person) of a listening device in contravention of section 4 of the Listening and Surveillance Devices Act 1972 (as in force immediately prior to the commencement of this Act).
Maximum penalty: $10 000 or imprisonment for 2 years.

Part 17—Amendment of Trustee Act 1936
21—Amendment of section 69B—Alteration of purposes of charitable trust
	(1)	Section 69B—before subsection (1) insert:
	(aa1)	Subject to subsection (1), the purposes for which property is required or permitted to be applied in pursuance of a charitable trust may be altered by a scheme approved under this section.
	(a1)	The powers of the trustees of a charitable trust in respect of which a trust variation scheme under this section may be approved by the Attorney‑General (on account of the operation of subsection (3)(b)) to manage or administer the trust may be altered by a scheme approved under this section.
	(2)	Section 69B(1)—delete "scheme (a trust variation scheme) approved under this section" and substitute:
trust variation scheme
	(3)	Section 69B—after subsection (9) insert:
	(10)	In this section—
trust variation scheme means a scheme approved under this section for the alteration of a charitable trust.
22—Transitional provision
The amendments to the Trustee Act 1936 made by section 21 of this Act apply to a charitable trust whether the trust was constituted before or after the commencement of section 21.

Part 18—Amendment of Youth Court Act 1993
23—Amendment of section 26—Immunities
Section 26(1)—delete "civil"

HA GP 192-D OPC 4