Title: Statutes Amendment (Attorney-General's Portfolio)Bill 2014
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: lc49

Legislative Council—No 49
As received from the House of Assembly and read a first time, 12 November 2014

Statutes Amendment (Attorney-General's Portfolio) Bill 2014

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Part 1—Preliminary

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Preliminary—Part 1

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Part 2—Amendment of Burial and Cremation Act 2013

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Amendment of Burial and Cremation Act 2013—Part 2

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Part 3—Amendment of Child Sex Offenders Registration Act 2006

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Amendment of Child Sex Offenders Registration Act 2006—Part 3

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Part 4—Amendment of Criminal Law Consolidation Act 1935

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Amendment of Criminal Law Consolidation Act 1935—Part 4

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Part 5—Amendment of Criminal Law (Sentencing) Act 1988

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Amendment of Criminal Law (Sentencing) Act 1988—Part 5

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Part 6—Amendment of Legal Practitioners Act 1981

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Amendment of Legal Practitioners Act 1981—Part 6

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Part 7—Amendment of Magistrates Act 1983

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Amendment of Magistrates Act 1983—Part 7

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Part 8—Amendment of Summary Offences Act 1953

Statutes Amendment (Attorney-General's Portfolio) Bill 2014
Amendment of Summary Offences Act 1953—Part 8

South Australia
Statutes Amendment (Attorney-General's Portfolio) Bill 2014
A Bill For
An Act to amend the Burial and Cremation Act 2013; the Child Sex Offenders Registration Act 2006; the Criminal Law Consolidation Act 1935; the Criminal Law (Sentencing) Act 1988; the Legal Practitioners Act 1981; the Magistrates Act 1983; and the Summary Offences Act 1953.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Burial and Cremation Act 2013
4	Amendment of section 10—Cremation permits
Part 3—Amendment of Child Sex Offenders Registration Act 2006
5	Amendment of Schedule 1—Class 1 and 2 offences
Part 4—Amendment of Criminal Law Consolidation Act 1935
6	Amendment of heading to Part 3 Division 11A
7	Amendment of section 62—Interpretation
8	Amendment of section 63—Production or dissemination of child exploitation material
9	Amendment of section 63A—Possession of child exploitation material
10	Amendment of section 63C—Material to which Division relates
Part 5—Amendment of Criminal Law (Sentencing) Act 1988
11	Amendment of section 29E—Re-sentencing for subsequent cooperation with law enforcement agency
Part 6—Amendment of Legal Practitioners Act 1981
12	Amendment of section 52AA—Professional indemnity insurance required by interstate practitioners etc
Part 7—Amendment of Magistrates Act 1983
13	Insertion of section 6B
6B	Acting Chief Magistrate
14	Amendment of section 7—Administration of magistracy
Part 8—Amendment of Summary Offences Act 1953
15	Amendment of section 21F—Prohibited weapons

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) Act 2014.
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 Burial and Cremation Act 2013
4—Amendment of section 10—Cremation permits
Section 10(5)(b)(i)—delete subparagraph (i) and substitute:
	(i)	2 certificates under section 36 of the Births, Deaths and Marriages Registration Act 1996 certifying that the deceased died from natural causes, 1 certificate being signed by—
	(A)	a medical practitioner who was responsible for the deceased's medical care immediately before death; or
	(B)	a medical practitioner who examined the body of the deceased after death,
and the other certificate being signed by another medical practitioner; or

Part 3—Amendment of Child Sex Offenders Registration Act 2006
5—Amendment of Schedule 1—Class 1 and 2 offences
Schedule 1, Part 3, clause 3—delete "child pornography" wherever occurring and substitute in each case:
child exploitation material

Part 4—Amendment of Criminal Law Consolidation Act 1935
6—Amendment of heading to Part 3 Division 11A
Part 3, Division 11A, heading—delete "pornography" and substitute:
exploitation material
7—Amendment of section 62—Interpretation
	(1)	Section 62, definition of child pornography—delete "pornography" and substitute:
exploitation material
	(2)	Section 62, definition of child pornography, (b)—delete paragraph (b) and substitute:
	(b)	that is of a pornographic nature;
	(3)	Section 62, definition of disseminate—delete "pornography" and substitute:
exploitation material
	(4)	Section 62, definition of pornographic nature—delete the definition and substitute:
pornographic nature—material is of a pornographic nature for the purposes of this Division if the material is intended or apparently intended—
	(a)	to excite or gratify sexual interest; or
	(b)	to excite or gratify a sadistic or other perverted interest in violence or cruelty;
Note—
See also section 63C(1)
8—Amendment of section 63—Production or dissemination of child exploitation material
Section 63—delete "pornography" wherever occurring and substitute in each case:
exploitation material
9—Amendment of section 63A—Possession of child exploitation material
	(1)	Section 63A(1)—delete "pornography" wherever occurring and substitute in each case:
exploitation material
	(2)	Section 63A(3)—after "offence involving" insert:
child exploitation material or
10—Amendment of section 63C—Material to which Division relates
Section 63C(3)—delete "pornographic" and substitute:
to be of a pornographic nature

Part 5—Amendment of Criminal Law (Sentencing) Act 1988
11—Amendment of section 29E—Re-sentencing for subsequent cooperation with law enforcement agency
Section 29E—after subsection (5) insert:
	(5a)	Except as provided in this section, in determining a new sentence on an application under this section the court must apply the law that was applicable in relation to the relevant sentence at the time that sentence was imposed (and this subsection applies to an application under this section, whether made or determined before or after the commencement of this subsection).

Part 6—Amendment of Legal Practitioners Act 1981
12—Amendment of section 52AA—Professional indemnity insurance required by interstate practitioners etc
Section 52AA(4)—delete "subsection (3)" and substitute:
this section

Part 7—Amendment of Magistrates Act 1983
13—Insertion of section 6B
After section 6A insert:
6B—Acting Chief Magistrate
	(1)	If—
	(a)	the Chief Magistrate is absent or, for any reason, is unable for the time being to carry out the duties of the office; or
	(b)	the office of the Chief Magistrate becomes vacant,
the Governor may appoint a Magistrate to be Acting Chief Magistrate until—
	(c)	the Chief Magistrate returns to official duties; or
	(d)	a person is appointed to the office of the Chief Magistrate,
as the case requires.
	(2)	Any power or duty attached to the office of the Chief Magistrate by or under this or any other Act—
	(a)	on the appointment of a Magistrate to be Acting Chief Magistrate—devolves on the Magistrate so appointed; or
	(b)	if no such appointment is made—devolves (during the absence or inability of the Chief Magistrate, or until the vacancy is filled) on the most senior of the other Magistrates available to undertake those responsibilities.
14—Amendment of section 7—Administration of magistracy
Section 7(2)—delete subsection (2)

Part 8—Amendment of Summary Offences Act 1953
15—Amendment of section 21F—Prohibited weapons
	(1)	Section 21F(3)(a)—after "person" insert:
or a class of persons
	(2)	Section 21F(3)(b)—delete "(provided that such variation or revocation is of no effect unless the person has been given notice of the variation or revocation)"
	(3)	Section 21F—after subsection (4) insert:
	(4a)	A declaration made by the Minister under subsection (3) in respect of a class of persons—
	(a)	must be notified in the Gazette; and
	(b)	has effect for the period specified in the declaration (being a period not exceeding 1 month); and
	(c)	has effect despite any provision of Schedule 2.
	(4b)	A variation or revocation of a declaration under subsection (3) is of no effect unless—
	(a)	in the case of a variation or revocation of a declaration in respect of a person—the person has been given notice of the variation or revocation; or
	(b)	in the case of a variation or revocation of a declaration in respect of a class of persons—the variation or revocation is notified in the Gazette.

HA GP 369-C OPC 45