South Australia
Criminal Law (Sentencing) Regulations 2000
under the Criminal Law (Sentencing) Act 1988

Contents
1	Short title
2	Commencement
3	Revocation
4	Interpretation
5	Forms
7	Enforcement of bonds and guarantees (section 57)
8	Review of written payment arrangements (section 64)
9	Applications relating to registration of court order for pecuniary sums (section 68)
10	Modification of bankruptcy laws (seizure of personal property) (section 70G)
11	Enforcement of community service orders
12	Enforcement of non-pecuniary orders
Schedule 1—Forms
Schedule 2—Fees
Legislative history

1—Short title
These regulations may be cited as the Criminal Law (Sentencing) Regulations 2000.
2—Commencement
These regulations will come into operation on 6 March 2000.
3—Revocation
The Criminal Law (Sentencing) Regulations 1988, as varied, are revoked.
4—Interpretation
In these regulations—
the Act means the Criminal Law (Sentencing) Act 1988.
5—Forms
	(1)	The forms set out in Schedule 1 are prescribed, and must be used, for the purposes of the Act.
	(2)	If any enforcement proceedings are to be taken against a guarantor of a bond, the relevant forms in Schedule 1 must be modified accordingly.
	(3)	If any document the form of which is prescribed by Schedule 1 is to be served on a company, the relevant form must be modified accordingly.
7—Enforcement of bonds and guarantees (section 57)
	(1)	If, pursuant to section 57(1) of the Act, a probative court decides to issue a summons or a warrant of arrest to bring a probationer before the court on a written application made by the Crown alleging breach of bond, the court must endorse the application accordingly.
	(2)	The court should first issue a summons to a probationer alleged to have breached a bond unless the court has reasonable grounds to believe—
	(a)	that service of a summons is not likely to be effected; or
	(b)	that the probationer is not likely to comply with a summons.
	(3)	A summons must be served on the probationer—
	(a)	personally; or
	(b)	if personal service is not practicable or the probationer cannot, after reasonable enquiries, be found, in such other manner as the court may direct,
not later than 2 clear working days before the date specified in the summons for the hearing of the matter.
	(4)	If a probationer fails to appear before the probative court in compliance with a summons and the court is satisfied that the summons was duly served on the probationer, the court may, instead of issuing a warrant, deal with the application in the absence of the probationer.
	(5)	If a guarantor fails to appear before the probative court in compliance with a summons and the court is satisfied that the summons was duly served on the guarantor, the court may make orders in relation to enforcing the guarantee in the absence of the guarantor.
	(6)	If a probationer is found guilty of an offence committed during the term of a bond by a court that has jurisdiction to deal with proceedings for breach of the bond, the court may, on an oral application by the Crown, proceed to hear and determine the application forthwith if it is satisfied that the probationer has had adequate notice of the intention of the Crown to make such an application.
8—Review of written payment arrangements (section 64)
The Manager of the Penalty Management Unit must cause each written arrangement entered into under section 64 of the Act to be reviewed on a regular basis, at intervals not exceeding 6 months.
9—Applications relating to registration of court order for pecuniary sums (section 68)
	(1)	An application made by an authorised officer under section 68 of the Act—
	(a)	for registration as a charge over land of an order of a court imposing a pecuniary sum; or
	(b)	for cancellation of the registration of such an order,
must be made using Form A3 of the forms approved by the Registrar-General under the Real Property Act 1886.
	(2)	An application referred to in subregulation (1) need not be accompanied by a duplicate certificate of title for the land.
	(3)	No fee is payable in respect of lodging an application referred to in subregulation (1).
10—Modification of bankruptcy laws (seizure of personal property) (section 70G)
For the purposes of section 70G(3) of the Act, the laws of bankruptcy are modified to the extent that the following personal property of a debtor, although not divisible amongst creditors in a bankruptcy, is available for seizure and sale pursuant to an order for sale under section 70G:
	(a)	any motor vehicle, of whatever value; and
	(b)	property—
	(i)	that was purchased or acquired with exempt money (being exempt money within the meaning of section 116 of the Bankruptcy Act 1966 of the Commonwealth); and
	(ii)	that is not otherwise excluded from seizure and sale by virtue of the application of the laws of bankruptcy.
11—Enforcement of community service orders
	(1)	A notice issued under section 71(3)(a) of the Act must be served on the defendant—
	(a)	personally; or
	(b)	if personal service is not practicable or the defendant cannot, after reasonable enquiries, be found, in such other manner as the court may direct,
not later than 2 clear working days before the date specified in the notice for the hearing of the matter.
	(2)	If the defendant fails to attend before the court in compliance with the notice and the court is satisfied that the notice was duly served on the defendant, the court may deal with the matter in the absence of the defendant.
12—Enforcement of non-pecuniary orders
	(1)	A notice under section 71A(1)(a) of the Act must be served on the defendant—
	(a)	personally; or
	(b)	if personal service is not practicable or the defendant cannot, after reasonable enquiries, be found, in such other manner as the court may direct,
not later than 2 clear working days before the date specified in the notice for the hearing of the matter.
	(2)	If the defendant fails to attend before the court in compliance with the notice and the court is satisfied that the notice was duly served on the defendant, the court may deal with the matter in the absence of the defendant.

Schedule 1—Forms

Schedule 2—Fees

1	Reminder notice fee (section 65)	$14.50	
2	Issuance of penalty enforcement order—		
		(a)	suspension of driver's licence (section 70E)	$22.30	
		(b)	restriction on transacting business with Registrar of Motor Vehicles (section 70F)	$22.30	
		(c)	order for sale of property (section 70G)	$62.50	
		(d)	garnishee order (section 70H)	$62.50	
3	Service and execution of penalty enforcement order—a fee comprised of the costs reasonably incurred in the service or execution, including—
	•	postage and telephone calls;
	•	travelling, accommodation and necessary meals;
	•	labour in seizing and removing seized property;
	•	cartage, storage and insurance of seized property;
	•	maintenance of seized animals;
	•	engaging assistants, appraisers, auctioneers or agents;
	•	advertisements;
	•	conducting sales of seized property.		

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2000	16	Gazette 2.3.2000 p1293	6.3.2000: r 2	
2000	55	Gazette 25.5.2000 p2709	1.7.2000: r 2	
2001	42	Gazette 31.5.2001 p1941	1.7.2001: r 2	
2002	79	Gazette 20.6.2002 p2569	1.7.2002: r 2	
2003	80	Gazette 29.5.2003 p2214	1.7.2003: r 2	
2004	53	Gazette 27.5.2004 p1455	1.7.2004: r 2 	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 5			
r 5(1)	varied by 80/2003 r 4(1)	1.7.2003	
r 5(2)	varied by 80/2003 r 4(2)	1.7.2003	
r 5(3)	varied by 80/2003 r 4(3)	1.7.2003	
r 6	varied by 55/2000 r 3	1.7.2000	
	varied by 42/2001 r 3	1.7.2001	
	varied by 79/2002 r 3	1.7.2002	
	deleted by 80/2003 r 5	1.7.2003	
Sch 1	Sch redesignated as Sch 1 by 80/2003 r 6	1.7.2003	
Sch 2	inserted by 80/2003 r 7	1.7.2003