Criminal Law Consolidation (General) (Appropriate Form of Custody) Variation Regulations 2021 (SA)

South Australia

Criminal Law Consolidation (General) (Appropriate Form of Custody) Variation Regulations 2021

under the Criminal Law Consolidation Act 1935

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Criminal Law Consolidation (General) Regulations 2006

4            Insertion of regulation 6

6            Determination of appropriate form of custody—section 269X

Part 1—Preliminary

1—Short title

These regulations may be cited as the Criminal Law Consolidation (General) (Appropriate Form of Custody) Variation Regulations 2021.

2—Commencement

These regulations come into operation on the day on which section 8 of the Statutes Amendment (Attorney-General's Portfolio) Act 2020 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Criminal Law Consolidation (General) Regulations 2006

4—Insertion of regulation 6

After regulation 5 insert:

6—Determination of appropriate form of custody—section 269X

(1)For the purposes of the definition of designated officer in section 269X(7) of the Act, the office of Clinical Director, Forensic Mental Health Services, Department for Health and Wellbeing, is prescribed.

(2)In determining an appropriate form of custody for the detention of a defendant pursuant to section 269X(5) of the Act, the designated officer must consult with the CE (within the meaning of section 269X) and take into account any representation made to the designated officer by the CE in respect of an appropriate form of custody for the defendant.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 25 March 2021

No 35 of 2021