Statutes Amendment (Attorney-General's Portfolio) Act 2022 (SA)

South Australia

Statutes Amendment (Attorney-General's Portfolio) Act 2022

An Act to amend the Bail Act 1985, the Burial and Cremation Act 2013 and the Correctional Services Act 1982.

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 2022.

2Commencement

1. (1)

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

2. (2)

   Part 2 comes into operation on a day to be fixed by proclamation.

3. (3)

   Part 4 comes into operation immediately after section 26(2) of the Correctional Services (Accountability and Other Measures) Amendment Act 2021 comes into operation.

Part 2Amendment of Bail Act 19853Amendment of section 6 – Nature of bail agreement

Section 6(2)—delete "be in the prescribed form" and substitute:

—

1. (a)

   if the bail authority is a court—be in a form determined by that court; or

2. (b)

   in any other case—be in the prescribed form.

4Amendment of section 7 – Guarantee of bail

Section 7(2)—delete "be in the prescribed form" and substitute:

—

1. (a)

   if the bail authority is a court—be in a form determined by that court; or

2. (b)

   in any other case—be in the prescribed form.

5Amendment of section 8 – Form of application

Section 8(1)(a)—delete "be in the prescribed form" and substitute:

—

1. (a)

   if the bail authority is a court—be in a form determined by that court; or

2. (b)

   in any other case—be in the prescribed form.

6Amendment of section 11 – Conditions of bail

Section 11(6)(c)—delete paragraph (c) and substitute:

or

1. (c)

   in any other case—

   1. (i)

      if the bail authority is a court—without the permission of a judge or magistrate; or

   2. (ii)

      if the bail authority is a police officer—without the permission of a police officer who is—

      1. (A)

         of or above the rank of sergeant; or

      2. (B)

         the responsible officer for a police station.

Part 3Amendment of Burial and Cremation Act 20137Amendment of section 10 – Cremation permits

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

1. (i)

   2 certificates—

   1. (A)

      1 being the certificate under section 36(3) of the Births, Deaths and Marriages Registration Act 1996 certifying that the deceased died from natural causes signed by—

      • •

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

      • •

        a medical practitioner who examined the body of the deceased after death; and

   2. (B)

      the other being a certificate in a form approved by the Registrar signed by another medical practitioner; or

Part 4Amendment of Correctional Services Act 1982

8Amendment of section 66 – Automatic release on parole for certain prisoners

1. (1)

   Section 66(2)(aba)—delete "(within the meaning of Part 3 Division 4 of the Sentencing Act 2017)"

2. (2)

   Section 66(3)—after the definition of offence of personal violence insert:

   serious drug offence means—

   1. (a)

      an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 or a substantially similar offence against a corresponding previous enactment; or

   2. (b)

      a conspiracy to commit, or an attempt to commit, such an offence.