Criminal Law Consolidation (Bushfires) Amendment Act 2021 (SA)

South Australia

Criminal Law Consolidation (Bushfires) Amendment Act 2021

An Act to amend the Criminal Law Consolidation Act 1935.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law Consolidation (Bushfires) Amendment Act 2021.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Criminal Law Consolidation Act 1935

3Amendment of section 85B – Special provision for causing a bushfire

1. (1)

   Section 85B(1), penalty provision—delete the penalty provision and substitute:

   Maximum penalty: Imprisonment for life.

2. (2)

   Section 85B—after subsection (3) insert:

   1. (4)

      A court that finds a defendant guilty of an offence against this section must make an order under section 124 of the Sentencing Act 2017 requiring the defendant to pay compensation for injury, loss or damage resulting from the offence unless—

      1. (a)

         the defendant is aged under 16 years of age; or

      2. (b)

         the court is satisfied that the defendant has no means of paying compensation; or

      3. (c)

         the court is otherwise satisfied that special circumstances exist.