Criminal Law (Sentencing) (Sentencing Powers of Magistrates Court) Amendment Act 2011 (SA)

South Australia

Criminal Law (Sentencing) (Sentencing Powers of Magistrates Court) Amendment Act 2011

An Act to amend the Criminal Law (Sentencing) Act 1988.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Criminal Law (Sentencing) (Sentencing Powers of Magistrates Court) Amendment Act 2011.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment 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 (Sentencing) Act 1988

4Amendment of section 19 – Limitations on sentencing powers of Magistrates Court

1. (1)

   Section 19(3)(b)—delete paragraph (b) and substitute:

   1. (b)

      a fine that exceeds—

      1. (i)

         in the case of an offence under the Occupational Health, Safety and Welfare Act 1986 being heard by an industrial magistrate—$300 000; or

      2. (ii)

         in any other case—$150 000.

2. (2)

   Section 19—after subsection (3) insert:

   1. (3a)

      The limits imposed by subsection (3)(b) apply regardless of whether the relevant offence was committed before or after the commencement of that paragraph.