Statutes Amendment (Attorney-General's Portfolio) Act 2018 (SA)

South Australia

Statutes Amendment (Attorney-General's Portfolio) Act 2018

An Act to amend the Fines Enforcement and Debt Recovery Act 2017, the Liquor Licensing Act 1997, the South Australian Civil and Administrative Tribunal Act 2013, the Surveillance Devices Act 2016, the Telecommunications (Interception) Act 2012 and the Young Offenders Act 1993.

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 2018.

2Commencement

1. (1)

   Subject to this section, this Act will come into operation on the day on which it is assented to by the Governor.

2. (2)

   Section 4 will be taken to have come into operation on 30 April 2018 immediately after section 23 of the Fines Enforcement and Debt Recovery Act 2017 came into operation.

3. (3)

   Section 5 will come into operation—

   1. (a)

      immediately after section 48 of the Fines Enforcement and Debt Recovery Act 2017 comes into operation; or

   2. (b)

      on the day on which this Act is assented to by the Governor,

whichever is the later.

1. (4)

   Part 3 will come into operation—

   1. (a)

      on the day on which section 22 of the Liquor Licensing (Liquor Review) Amendment Act 2017 comes into operation; or

   2. (b)

      on the day on which this Act is assented to by the Governor,

whichever is the later.

1. (5)

   Part 4 will come into operation immediately after section 225 of the Statutes Amendment (SACAT No 2) Act 2017 comes into operation.

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 Fines Enforcement and Debt Recovery Act 2017

4Amendment of section 23 – Review by Court of refusal to revoke enforcement determination

Section 23—after subsection (4) insert:

1. (4a)

   If the Court reverses a decision of the Chief Recovery Officer to refuse an application made by an alleged offender under section 22(5)(b)(i) on the ground referred to in section 22(10)(b), a prosecution can be commenced for the alleged offence or offences within 6 months of the day on which the Court's decision is made despite the fact that the time for commencement of the prosecution may have already otherwise expired.

5Amendment of section 48 – Interpretation

Section 48(1), definition of public authority, paragraph (b)(i) and (ii)—delete subparagraphs (i) and (ii)

Part 3Amendment of Liquor Licensing Act 19976Repeal of section 44

Section 44—delete the section

7Amendment of section 115 – Evidence of age may be required

Section 115(3), definition of prescribed person, (c) and (d)—delete paragraphs (c) and (d) and substitute:

1. (c)

   in relation to regulated premises—the occupier or manager of the premises or an agent or employee of the occupier, including—

   1. (i)

      a licensee of licensed premises; or

   2. (ii)

      a responsible person for licensed premises; or

   3. (iii)

      a person who holds a security agent's licence that authorises the person to perform the function of controlling crowds on licensed premises under the Security and Investigation Industry Act 1995.

8Transitional provision

Nothing in section 6 is to be taken to affect the operation of Schedule 2 of the Liquor Licensing (Liquor Review) Amendment Act 2017.

Part 4Amendment of South Australian Civil and Administrative Tribunal Act 20139Amendment of section 70 – Internal reviews

Section 70(1a)—delete subsection (1a) and substitute:

1. (1a)

   An application for review under—

   1. (a)

      subsection (1)(a) is only by leave of a legally qualified member of the Tribunal; and

   2. (b)

      subsection (1)(b) is only by leave of a Presidential member of the Tribunal.

Part 5Amendment of Surveillance Devices Act 201610Amendment of section 3 – Interpretation

Section 3(1), definition of review agency, (b)—delete paragraph (b) and substitute:

1. (b)

   for the Independent Commissioner Against Corruption—the reviewer under Schedule 4 of the Independent Commissioner Against Corruption Act 2012;

11Amendment of section 31 – Control by investigating agencies of certain records, information and material

Section 31—delete "investigating" first occurring

Part 6Amendment of Telecommunications (Interception) Act 201212Amendment of section 2 – Interpretation

Section 2(1), definition of review agency, (b)—delete paragraph (b) and substitute:

1. (b)

   for the Independent Commissioner Against Corruption—the reviewer under Schedule 4 of the Independent Commissioner Against Corruption Act 2012;

Part 7Amendment of Young Offenders Act 1993

13Amendment of section 36 – Detention of youth sentenced as adult

Section 36(4)(b)—after subparagraph (iv) insert:

1. (v)

   a reference to the CE will be taken to be a reference to the Chief Executive.

14Insertion of section 40

After section 39 insert:

40—Reports by Training Centre Review Board

1. (1)

   The Training Centre Review Board must, in accordance with subsection (2), provide a report to the Minister in relation to the previous financial year on—

   1. (a)

      the number of youths granted periods of leave by the Board from a training centre during the previous financial year; and

   2. (b)

      the number of applications for release from detention under section 41A during the previous financial year—

      1. (i)

         that were granted by the Board; and

      2. (ii)

         that were refused by the Board; and

   3. (c)

      the number of applications for release on home detention under section 41B during the previous financial year—

      1. (i)

         that were granted by the Board; and

      2. (ii)

         that were refused by the Board; and

   4. (d)

      the number of youths returned to detention in a training centre in the previous financial year following the cancellation of a release from detention, and the reasons for each such cancellation; and

   5. (e)

      the work of the Board generally in the previous financial year; and

   6. (f)

      such other matters as the Board thinks fit, or as the Minister may direct.

2. (2)

   A report under subsection (1) must—

   1. (a)

      in relation to the 2017/18 financial year, be provided to the Minister within 3 months of the commencement of this section; and

   2. (b)

      in relation to each subsequent financial year, be provided to the Minister not later than 31 October in the financial year immediately after the financial year to which the report relates.

3. (3)

   The Minister must, within 12 sitting days after receiving a report prepared under subsection (1), cause a copy of the report to be tabled in each House of Parliament.

15Amendment of section 43 – Special procedures for terror suspects

Section 43(3)(b)—delete "presiding member" and substitute:

designated member

16Amendment of section 63B – Application of Correctional Services Act 1982 to youth with non-parole period

Section 63B—after paragraph (b) insert:

1. (c)

   a reference to the CE will be taken to be a reference to the Chief Executive.