South Australia
Statutes Amendment (Courts Efficiency Reforms) Act 2012
An Act to amend the Building Work Contractors Act 1995, the Controlled Substances Act 1984, the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Domestic Partners Property Act 1996, the Magistrates Act 1983, the Magistrates Court Act 1991, the Mining Act 1971, the Opal Mining Act 1995, the Retail and Commercial Leases Act 1995, the Summary Offences Act 1953, the Summary Procedure Act 1921, the Unclaimed Goods Act 1987 and the Youth Court Act 1993.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Building Work Contractors Act 1995
4	Amendment of section 40—Magistrates Court and substantial monetary claims
5	Transitional provision
Part 3—Amendment of Controlled Substances Act 1984
6	Amendment of section 32—Trafficking
7	Amendment of section 33B—Cultivation of controlled plants for sale
8	Amendment of section 33C—Sale of controlled plants
9	Transitional provision
Part 4—Amendment of Criminal Law Consolidation Act 1935
10	Insertion of section 285AB
285AB	Determinations of court binding on trial judge
11	Amendment of section 361—Right of appellant to be present
12	Transitional provision
Part 5—Amendment of Criminal Law (Sentencing) Act 1988
13	Amendment of section 9A—Rectification of sentencing errors
14	Amendment of section 19—Limitations on sentencing powers of Magistrates Court
15	Amendment of section 50A—Variation of community service order
16	Amendment of section 70L—Community service orders
17	Transitional provisions
Part 6—Amendment of Domestic Partners Property Act 1996
18	Amendment of section 3—Interpretation
19	Transitional provision
Part 7—Amendment of Magistrates Act 1983
20	Amendment of section 6—Appointment to administrative offices in magistracy
21	Insertion of section 6A
6A	Chief Magistrate to be magistrate and District Court Judge
22	Amendment of section 9—Tenure of office
Part 8—Amendment of Magistrates Court Act 1991
23	Amendment of section 3—Interpretation
24	Amendment of section 8—Civil jurisdiction
25	Amendment of section 9—Criminal jurisdiction
26	Amendment of section 42—Appeals
27	Transitional provision
28	Review of certain amendments
Part 9—Amendment of Mining Act 1971
29	Amendment of section 67—Jurisdiction relating to tenements and monetary claims
30	Transitional provision
Part 10—Amendment of Opal Mining Act 1995
31	Amendment of section 72—Jurisdiction relating to tenements and monetary claims
32	Transitional provision
Part 11—Amendment of Retail and Commercial Leases Act 1995
33	Amendment of section 69—Substantial monetary claims
34	Transitional provision
Part 12—Amendment of Summary Offences Act 1953
35	Amendment of section 24—Urinating etc in a public place
Part 13—Amendment of Summary Procedure Act 1921
36	Amendment of section 76A—Power to set aside conviction or order
37	Amendment of section 103—Procedure in Magistrates Court
38	Amendment of section 105—Procedure at preliminary examination
39	Amendment of section 108—Forum for sentence
40	Amendment of heading to Part 5 Division 5
41	Amendment of section 114—Procedural provisions of Criminal Law Consolidation Act
42	Transitional provisions
Part 14—Amendment of Unclaimed Goods Act 1987
43	Amendment of section 3—Interpretation
44	Transitional provision
Part 15—Amendment of Youth Court Act 1993
45	Amendment of section 14—Constitution of Court
46	Amendment of section 22—Appeals
47	Transitional provision

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Statutes Amendment (Courts Efficiency Reforms) Act 2012.
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 Building Work Contractors Act 1995
4—Amendment of section 40—Magistrates Court and substantial monetary claims
Section 40(1)—delete "$40 000" wherever occurring and substitute in each case:
$100 000
5—Transitional provision
The amendment made to the Building Work Contractors Act 1995 by this Part—
	(a)	does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
	(b)	applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 3—Amendment of Controlled Substances Act 1984
6—Amendment of section 32—Trafficking
Section 32(4)—delete "2" and substitute:
5
7—Amendment of section 33B—Cultivation of controlled plants for sale
Section 33B(4)—delete "2" and substitute:
5
8—Amendment of section 33C—Sale of controlled plants
Section 33C(4)—delete "2" and substitute:
5
9—Transitional provision
The amendments made to the Controlled Substances Act 1984 by this Part—
	(a)	do not apply in relation to the sentencing of a person following the commencement of this Part if the proceedings for the relevant offence were commenced before that commencement (and such sentencing is to occur as if this Act had not been enacted); and
	(b)	apply in relation to the sentencing of a person following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) if the proceedings for the relevant offence were commenced on or after that commencement.

Part 4—Amendment of Criminal Law Consolidation Act 1935
10—Insertion of section 285AB
After section 285A insert:
285AB—Determinations of court binding on trial judge
A determination or order made by a judge of the court in proceedings dealing with charges laid in an information is binding on a judge of the court presiding at the trial of the defendant, whether the trial is the first or a new trial following a stay of the proceedings, discontinuance of an earlier trial or an appeal, unless the trial judge considers that it would not be in the interests of justice for the determination or order to be binding or the determination or order is inconsistent with an order made on such an appeal.
11—Amendment of section 361—Right of appellant to be present
	(1)	Section 361—after subsection (1) insert:
	(1a)	If an appellant who is in custody is entitled to be present at the hearing of an appeal or an application for permission to appeal or a proceeding preliminary or incidental to an appeal, the entitlement of the appellant to be present at the proceedings will be taken to have been satisfied while there is in operation an audio visual link between the Court and the appellant.
	(1b)	However, subsection (1a) does not apply if the Court determines, on its own initiative or on application by the appellant, that the appellant should be physically present in the courtroom.
	(2)	Section 361—after subsection (2) insert:
	(3)	In this section—
audio visual link means a system of 2‑way communication linking different places so that a person speaking at any 1 of the places can be seen and heard at the other.
12—Transitional provision
The amendments made to the Criminal Law Consolidation Act 1935 by this Part are to be considered procedural rather than substantive.

Part 5—Amendment of Criminal Law (Sentencing) Act 1988
13—Amendment of section 9A—Rectification of sentencing errors
	(1)	Section 9A(1)—delete subsection (1) and substitute:
	(1)	A court that imposes, or purports to impose, a sentence on a defendant, or a court of co‑ordinate jurisdiction, may, on its own initiative or on application by the Director of Public Prosecutions or the defendant, make such orders as the court is satisfied are required to rectify an error of a technical nature made by the sentencing court in imposing, or purporting to impose, the sentence, or to supply a deficiency or remove an ambiguity in the sentencing order.
	(2)	Section 9A(2)—delete "an application" and substitute:
proceedings
14—Amendment of section 19—Limitations on sentencing powers of Magistrates Court
	(1)	Section 19(3)—delete paragraph (a) and substitute:
	(a)	a sentence of imprisonment that exceeds—
	(i)	if the penalty is for 1 offence—5 years; and
	(ii)	if the penalty is for more than 1 offence—10 years; or
	(2)	Section 19(4)—delete "a minor indictable" and substitute:
an indictable
	(3)	Section 19(5)—delete "the District Court" and substitute:
a superior court
15—Amendment of section 50A—Variation of community service order
	(1)	Section 50A—before subsection (1) insert:
	(a1)	If, on the application of a person required to perform community service pursuant to a bond or an order of a court, the Minister for Correctional Services is satisfied—
	(a)	that the person will not complete the community service in the time provided for in the order or the bond; and
	(b)	that sufficient reason exists for the person not being able to complete the community service in the required time,
the Minister may, by instrument in writing, extend the period within which the person must complete the performance of the community service.
	(2)	Section 50A(1)—delete "sentenced a person to" and substitute:
ordered a person to perform
	(3)	Section 50A(2)—delete subsection (2) and substitute:
	(2)	The period within which community service must be performed cannot be extended under this section, whether by the Minister or the court, by a period exceeding 6 months, or periods that, in aggregate, exceed 6 months.
	(3)	If the Minister extends the period within which a person must complete the performance of community service under an order or bond, the order or bond will be taken to have been amended accordingly.
	(4)	The Minister must notify the probative or sentencing court of any exercise of powers under subsection (a1).
16—Amendment of section 70L—Community service orders
	(1)	Section 70L—after subsection (5) insert:
	(5a)	If, on the application of a person required to perform community service pursuant to an order under this section, an authorised officer is satisfied—
	(a)	that the person will not complete the community service in the time provided for in the order; and
	(b)	that sufficient reason exists for the person not being able to complete the community service in the required time,
the officer may, by instrument in writing, extend the period within which the person must complete the performance of the community service (even if the period, as so extended, exceeds 3 years).
	(5b)	The period within which community service must be performed cannot be extended under subsection (5a) by a period exceeding 6 months, or periods that, in aggregate, exceed 6 months.
	(5c)	If an authorised officer extends the period within which a person must complete the performance of community service under an order, the order will be taken to have been amended accordingly.
	(2)	Section 70L—after subsection (6) insert:
	(6a)	If an authorised officer makes a community service order in respect of a debtor, the officer must notify the probative or sentencing court of the order and of the exercise of any other powers under this section.
17—Transitional provisions
	(1)	The amendments made to sections 9A, 50A and 70L of the Criminal Law (Sentencing) Act 1988 by sections 13, 15 and 16 are to be considered procedural rather than substantive.
	(2)	The amendments made to section 19 of the Criminal Law (Sentencing) Act 1988 by section 14—
	(a)	do not apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part if the proceedings for the relevant offence were commenced before that commencement (and such sentencing is to occur as if this Act had not been enacted); and
	(b)	apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) if the proceedings for the relevant offence were commenced on or after that commencement.

Part 6—Amendment of Domestic Partners Property Act 1996
18—Amendment of section 3—Interpretation
Section 3(1), definition of court, (c)—delete "$80 000" and substitute:
$100 000
19—Transitional provision
The amendment made to the Domestic Partners Property Act 1996 by this Part—
	(a)	does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
	(b)	applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 7—Amendment of Magistrates Act 1983
20—Amendment of section 6—Appointment to administrative offices in magistracy
	(1)	Section 6—after subsection (2) insert:
	(2a)	A person is not eligible for appointment as the Chief Magistrate unless he or she is a legal practitioner of at least 7 years standing.
	(2b)	For the purpose of determining whether a legal practitioner has the standing necessary for appointment as the Chief Magistrate, periods of legal practice and (where relevant) judicial service within and outside the State will be taken into account.
	(2)	Section 6(3)—delete "the Chief Magistrate or"
	(3)	Section 6(4)—delete "shall" and substitute:
(other than an appointment as the Chief Magistrate) will
21—Insertion of section 6A
After section 6 insert:
6A—Chief Magistrate to be magistrate and District Court Judge
	(1)	The Chief Magistrate will be taken to have been appointed as a magistrate and as a Judge of the District Court of South Australia (if he or she is not already a magistrate or a Judge of the District Court of South Australia).
	(2)	Section 6 of the Judicial Administration (Auxiliary Appointments and Powers) Act 1988 applies to the Chief Magistrate and, for that purpose, the office of Judge of the District Court of South Australia will be taken to be the primary judicial office of the Chief Magistrate and service as Chief Magistrate will be regarded as if it were service as a Judge of the District Court of South Australia.
	(3)	However—
	(a)	the Chief Magistrate may not perform the duties, or exercise the powers, of a Judge of the District Court of South Australia while the Chief Magistrate holds an appointment as Chief Magistrate; and
	(b)	the Chief Magistrate may resign from the office of Judge of the District Court of South Australia and from the office of the Chief Magistrate without simultaneously resigning from office as a magistrate and such a resignation will not give rise to any right to pension, retirement leave or other similar benefit.
	(4)	The Governor may, by regulation, make provisions relating to existing entitlements, and recognition of prior service, of the person holding the office of the Chief Magistrate on the commencement of this section or a person appointed to the office after that commencement, including by making modifications to the application of an Act that deals with superannuation or pensions.
22—Amendment of section 9—Tenure of office
Section 9(1)(c)—delete "sixty‑five" and substitute:
70

Part 8—Amendment of Magistrates Court Act 1991
23—Amendment of section 3—Interpretation
	(1)	Section 3(1), definition of minor statutory proceeding, (ba)—delete "$12 000" and substitute:
$25 000
	(2)	Section 3(1), definition of small claim—delete "$6 000" and substitute:
$25 000
	(3)	Section 3(4)(a) and (b)—delete "$6 000" wherever occurring and substitute in each case:
$25 000
24—Amendment of section 8—Civil jurisdiction
	(1)	Section 8(1)(a)—delete paragraph (a) and substitute:
	(a)	to hear and determine an action (at law or in equity) for a sum of money where the amount claimed does not exceed $100 000;
	(2)	Section 8(1)(b) and (c)—delete "$80 000" wherever occurring and substitute in each case:
$100 000
25—Amendment of section 9—Criminal jurisdiction
Section 9—after paragraph (a) insert:
	(ab)	to determine and impose sentence on a defendant who admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences);
26—Amendment of section 42—Appeals
Section 42(2)—after paragraph (a) insert:
	(ab)	in the case of a sentence passed on the conviction of a person of a major indictable offence—to the Full Court of the Supreme Court with the permission of the Full Court; or
27—Transitional provision
	(1)	The amendments made to sections 3 and 8 of the Magistrates Court Act 1991 by sections 23 and 24—
	(a)	do not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
	(b)	apply in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
	(2)	The amendments made to sections 9 and 42 of the Magistrates Court Act 1991 by sections 25 and 26 apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) only if the proceedings for the relevant offence were commenced on or after that commencement.
28—Review of certain amendments
	(1)	The Attorney‑General must, as soon as practicable after the first anniversary of the commencement of section 23, conduct a review of the operation and impact of the amendments made to the Magistrates Court Act 1991 by that section.
	(2)	The Attorney‑General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.

Part 9—Amendment of Mining Act 1971
29—Amendment of section 67—Jurisdiction relating to tenements and monetary claims
Section 67(1a)—delete "$40 000" and substitute:
$100 000
30—Transitional provision
The amendment made to the Mining Act 1971 by this Part—
	(a)	does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
	(b)	applies in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 10—Amendment of Opal Mining Act 1995
31—Amendment of section 72—Jurisdiction relating to tenements and monetary claims
Section 72(2a)—delete "$40 000" and substitute:
$100 000
32—Transitional provision
The amendment made to the Opal Mining Act 1995 by this Part—
	(a)	does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
	(b)	applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 11—Amendment of Retail and Commercial Leases Act 1995
33—Amendment of section 69—Substantial monetary claims
Section 69(1)—delete "$40 000" and substitute:
$100 000
34—Transitional provision
The amendment made to the Retail and Commercial Leases Act 1995 by this Part—
	(a)	does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
	(b)	applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 12—Amendment of Summary Offences Act 1953
35—Amendment of section 24—Urinating etc in a public place
Section 24—after the penalty provision insert:
Expiation fee: $80.

Part 13—Amendment of Summary Procedure Act 1921
36—Amendment of section 76A—Power to set aside conviction or order
Section 76A(1) and (2)—delete subsections (1) and (2) and substitute:
	(1)	The Court may set aside a conviction or order—
	(a)	on its own initiative; or
	(b)	on the application of a party made within 14 days after the party receives notice of the conviction or order.
37—Amendment of section 103—Procedure in Magistrates Court
Section 103—after subsection (3) insert:
	(3aa)	If a defendant charged with a major indictable offence admits the charge before the charge proceeds to a preliminary examination, the Court may, subject to section 108(1)—
	(i)	determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
	(ii)	commit the defendant to a superior Court for sentence.
38—Amendment of section 105—Procedure at preliminary examination
	(1)	Section 105(1)(a)—delete "will commit the defendant to a superior Court for sentence;" and substitute:
may, subject to section 108(1)—
	(i)	determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
	(ii)	commit the defendant to a superior Court for sentence;
	(2)	Section 105(2)(c)(i)—delete "the defendant will be committed to a superior Court for sentence;" and substitute:
the Court may, subject to section 108(1)—
	(A)	determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
	(B)	commit the defendant to a superior Court for sentence;
	(3)	Section 105(4a)—delete "However, in" and substitute:
In
39—Amendment of section 108—Forum for sentence
Section 108—before its present contents (now to be designated as subsection (2)) insert:
	(1)	If—
	(a)	a defendant admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences); and
	(b)	the Director of Public Prosecutions for the State or the Commonwealth and the defendant consent to the defendant being sentenced by the Court,
the Court is to determine and impose sentence itself unless the Court is of the opinion that the interests of justice require committal to a superior Court.
40—Amendment of heading to Part 5 Division 5
Heading to Part 5 Division 5—delete "minor"
41—Amendment of section 114—Procedural provisions of Criminal Law Consolidation Act
Section 114—delete "a minor indictable" and substitute:
an indictable
42—Transitional provisions
	(1)	The amendment made to section 76A of the Summary Procedure Act 1921 by section 36 applies in respect of convictions and orders made before or after the commencement of the amendment.
	(2)	The amendments made to sections 103, 105 and 108 of the Summary Procedure Act 1921 by sections 37, 38 and 39—
	(a)	do not apply in respect of the procedure to be followed after the commencement of this Part in proceedings commenced before that commencement (and such proceedings are to proceed as if this Act had not been enacted); and
	(b)	apply in respect of the procedure to be followed in proceedings commenced after that commencement.

Part 14—Amendment of Unclaimed Goods Act 1987
43—Amendment of section 3—Interpretation
Section 3(1), definition of Court—delete "$80 000" wherever occurring and substitute in each case:
$100 000
44—Transitional provision
The amendment made to the Unclaimed Goods Act 1987 by this Part—
	(a)	does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
	(b)	applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).

Part 15—Amendment of Youth Court Act 1993
45—Amendment of section 14—Constitution of Court
	(1)	Section 14(2)—delete "The" and substitute:
Subject to subsection (2a), the
	(2)	Section 14—after subsection (2) insert:
	(2a)	The Court, when sitting to determine and impose sentence on a defendant who admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences), may be constituted of a Magistrate.
46—Amendment of section 22—Appeals
Section 22(2)—after paragraph (b) insert:
	(ba)	in the case of a sentence passed by a Magistrate on the conviction of a person of a major indictable offence—to the Full Court of the Supreme Court;
47—Transitional provision
The amendments made to the Youth Court Act 1993 by this Part apply in respect of the sentencing of a person by the Youth Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) only if the proceedings for the relevant offence were commenced on or after that commencement.