Statutes Amendment (Attorney-General's Portfolio) Act 2014 (SA)

South Australia

Statutes Amendment (Attorney-General's Portfolio) Act 2014

An Act to amend the Burial and Cremation Act 2013; the Child Sex Offenders Registration Act 2006; the Criminal Law Consolidation Act 1935; the Criminal Law (Sentencing) Act 1988; the Legal Practitioners Act 1981; and the Summary Offences Act 1953.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Statutes Amendment (Attorney-General's Portfolio) Act 2014.

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 Burial and Cremation Act 20134Amendment of section 10 – Cremation permits

Section 10(5)(b)(i)—delete subparagraph (i) and substitute:

1. (i)

   2 certificates under section 36 of the Births, Deaths and Marriages Registration Act 1996 certifying that the deceased died from natural causes, 1 certificate being signed by—

   1. (A)

      a medical practitioner who was responsible for the deceased's medical care immediately before death; or

   2. (B)

      a medical practitioner who examined the body of the deceased after death,

and the other certificate being signed by another medical practitioner; or

Part 3Amendment of Child Sex Offenders Registration Act 20065Amendment of Schedule 1 – Class 1 and 2 offences

Schedule 1, Part 3, clause 3—delete "child pornography" wherever occurring and substitute in each case:

child exploitation material

Part 4Amendment of Criminal Law Consolidation Act 19356Amendment of heading to Part 3 Division 11A

Part 3, Division 11A, heading—delete "pornography" and substitute:

exploitation material

7Amendment of section 62 – Interpretation

1. (1)

   Section 62, definition of child pornography—delete "pornography" and substitute:

   exploitation material

2. (2)

   Section 62, definition of child pornography, (b)—delete paragraph (b) and substitute:

   1. (b)

      that is of a pornographic nature;

3. (3)

   Section 62, definition of disseminate—delete "pornography" and substitute:

   exploitation material

4. (4)

   Section 62, definition of pornographic nature—delete the definition and substitute:

   pornographic nature—material is of a pornographic nature for the purposes of this Division if the material is intended or apparently intended—

   1. (a)

      to excite or gratify sexual interest; or

   2. (b)

      to excite or gratify a sadistic or other perverted interest in violence or cruelty;

      Note—

      See also section 63C(1)

8Amendment of section 63 – Production or dissemination of child exploitation material

Section 63—delete "pornography" wherever occurring and substitute in each case:

exploitation material

9Amendment of section 63A – Possession of child exploitation material

1. (1)

   Section 63A(1)—delete "pornography" wherever occurring and substitute in each case:

   exploitation material

2. (2)

   Section 63A(3)—after "offence involving" insert:

   child exploitation material or

10Amendment of section 63C – Material to which Division relates

Section 63C(3)—delete "pornographic" and substitute:

to be of a pornographic nature

Part 5Amendment of Criminal Law (Sentencing) Act 1988

11Amendment of section 29E – Re-sentencing for subsequent cooperation with law enforcement agency

Section 29E—after subsection (5) insert:

1. (5a)

   Except as provided in this section, in determining a new sentence on an application under this section the court must apply the law that was applicable in relation to the relevant sentence at the time that sentence was imposed (and this subsection applies to an application under this section, whether made or determined before or after the commencement of this subsection).

Part 6Amendment of Legal Practitioners Act 1981

12Amendment of section 52AA – Professional indemnity insurance required by interstate practitioners etc

Section 52AA(4)—delete "subsection (3)" and substitute:

this section

Part 7Amendment of Summary Offences Act 195313Amendment of section 21F – Prohibited weapons

1. (1)

   Section 21F(3)(a)—after "person" insert:

   or a class of persons

2. (2)

   Section 21F(3)(b)—delete "(provided that such variation or revocation is of no effect unless the person has been given notice of the variation or revocation)"

3. (3)

   Section 21F—after subsection (4) insert:

   1. (4a)

      A declaration made by the Minister under subsection (3) in respect of a class of persons—

      1. (a)

         must be notified in the Gazette; and

      2. (b)

         has effect for the period specified in the declaration (being a period not exceeding 1 month); and

      3. (c)

         has effect despite any provision of Schedule 2.

   2. (4b)

      A variation or revocation of a declaration under subsection (3) is of no effect unless—

      1. (a)

         in the case of a variation or revocation of a declaration in respect of a person—the person has been given notice of the variation or revocation; or

      2. (b)

         in the case of a variation or revocation of a declaration in respect of a class of persons—the variation or revocation is notified in the Gazette.