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 Law Consolidation Act 1935
5	Amendment of section 19—Unlawful threats
6	Amendment of section 20—Assault
7	Amendment of section 20AA—Causing harm to, or assaulting, certain emergency workers etc
8	Amendment of section 24—Causing harm
9	Amendment of section 29—Acts endangering life or creating risk of serious harm
Part 4—Amendment of Criminal Procedure Act 1921
10	Amendment of section 180—Orders as to firearms and offensive weapons
Part 5—Amendment of District Court Act 1991
11	Amendment of section 46—Immunities
Part 6—Amendment of Environment, Resources and Development Court Act 1993
12	Amendment of section 36—Immunities
Part 7—Amendment of Evidence Act 1929
13	Amendment of section 29A—Victim or alleged victim who is a witness entitled to be present in court unless court orders otherwise
14	Amendment of section 67H—Meaning of sensitive material
Part 8—Amendment of Liquor Licensing Act 1997
15	Amendment of section 15—Judges
Part 9—Amendment of Magistrates Court Act 1991
16	Amendment of section 44—Immunities
Part 10—Amendment of Public Interest Disclosure Act 2018
17	Amendment of section 12—Duties of principal officers
Part 11—Amendment of Sentencing Act 2017
18	Amendment of section 124—Compensation
Part 12—Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009
19	Amendment of section 36—Expiry of Act
Part 13—Amendment of Sheriff's Act 1978
20	Amendment of section 4—Interpretation
Part 14—Amendment of Spent Convictions Act 2009
21	Amendment of section 13A—Exclusions may not apply
22	Amendment of Schedule 1—Exclusions
Part 15—Amendment of Summary Offences Act 1953
23	Amendment of section 21OD—Designated areas
Part 16—Amendment of Supreme Court Act 1935
24	Amendment of section 110C—Immunities
Part 17—Amendment of Surveillance Devices Act 2016
25	Amendment of section 12—Prohibition on communication or publication derived from use of surveillance device
Part 18—Amendment of Trustee Act 1936
26	Amendment of section 69B—Alteration of purposes of charitable trust
27	Transitional provision
Part 19—Amendment of Youth Court Act 1993
28	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 (other than section 7) will come into operation immediately after section 4 of the Criminal Law Consolidation (Assaults on Prescribed Emergency Workers) Amendment Act 2019 comes into operation.
	(3)	Section 7 will come into operation immediately after section 7 of the Criminal Law Consolidation (Assaults on Prescribed Emergency Workers) Amendment Act 2019 comes into operation.
	(4)	Part 4 will come into operation on a day to be fixed by proclamation.
	(5)	Part 10 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.
	(6)	Part 14 will come into operation immediately after Part 12 of the Statutes Amendment (Attorney-General's Portfolio No 3) Act 2017 comes into operation.
	(7)	Part 15 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.
	(8)	Part 17 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 Law Consolidation Act 1935
5—Amendment of section 19—Unlawful threats
Section 19(2), penalty provision, (c)—after "section 5AA(1)(c)" insert:
, (ca)
6—Amendment of section 20—Assault
	(1)	Section 20(3), penalty provision, (d)—after "section 5AA(1)(c)" insert:
, (ca)
	(2)	Section 20(4), penalty provision, (d)—after "section 5AA(1)(c)" insert:
, (ca)
7—Amendment of section 20AA—Causing harm to, or assaulting, certain emergency workers etc
Section 20AA(9)—after the definition of prescribed emergency worker insert:
retrieval medicine means the assessment, stabilisation and transportation to hospital of patients with severe injury or critical illness (other than by a member of SA Ambulance Service Inc);
rural area means an area outside of Metropolitan Adelaide as defined by GRO Plan 639/93.
8—Amendment of section 24—Causing harm
Section 24(2), penalty provision, (c)—after "section 5AA(1)(c)" insert:
, (ca)
9—Amendment of section 29—Acts endangering life or creating risk of serious harm
Section 29(3), penalty provision, (c)—after "section 5AA(1)(c)" insert:
, (ca)

Part 4—Amendment of Criminal Procedure Act 1921
10—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 5—Amendment of District Court Act 1991
11—Amendment of section 46—Immunities
Section 46(1)—delete "civil"

Part 6—Amendment of Environment, Resources and Development Court Act 1993
12—Amendment of section 36—Immunities
Section 36(1)—delete "civil"

Part 7—Amendment of Evidence Act 1929
13—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,
14—Amendment of section 67H—Meaning of sensitive material
Section 67H(3)(b)—after "victim" insert:
, or alleged victim,

Part 8—Amendment of Liquor Licensing Act 1997
15—Amendment of section 15—Judges
Section 15(7)—delete "civil"

Part 9—Amendment of Magistrates Court Act 1991
16—Amendment of section 44—Immunities
Section 44(1)—delete "civil"

Part 10—Amendment of Public Interest Disclosure Act 2018
17—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 11—Amendment of Sentencing Act 2017
18—Amendment of section 124—Compensation
Section 124(6)(c)—delete paragraph (c)

Part 12—Amendment of Serious and Organised Crime (Unexplained Wealth) Act 2009
19—Amendment of section 36—Expiry of Act
Section 36—delete "10" and substitute:
20

Part 13—Amendment of Sheriff's Act 1978
20—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 14—Amendment of Spent Convictions Act 2009
21—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)
22—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 15—Amendment of Summary Offences Act 1953
23—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 16—Amendment of Supreme Court Act 1935
24—Amendment of section 110C—Immunities
Section 110C(1)—delete "civil"

Part 17—Amendment of Surveillance Devices Act 2016
25—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 18—Amendment of Trustee Act 1936
26—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.
27—Transitional provision
The amendments to the Trustee Act 1936 made by section 26 of this Act apply to a charitable trust whether the trust was constituted before or after the commencement of section 26.

Part 19—Amendment of Youth Court Act 1993
28—Amendment of section 26—Immunities
Section 26(1)—delete "civil"