Statutes Amendment (Courts Efficiency Reforms) Act 2012 (SA)
South Australia
An
Act to amend the
This Act may be cited as the
Statutes Amendment (Courts Efficiency Reforms) Act 2012 .
This Act will come into operation on a day to be fixed by proclamation.
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2 Amendment of Building Work Contractors Act 1995
Section 40(1)—delete "$40 000" wherever occurring and substitute in each case:
$100 000
The amendment made to the
Building Work Contractors Act 1995 by this Part—
(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
Section 32(4)—delete "2" and substitute:
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Section 33B(4)—delete "2" and substitute:
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Section 33C(4)—delete "2" and substitute:
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The amendments made to the
Controlled Substances Act 1984 by this Part—
(a) do not apply in relation to the sentencing of a person following the commencement of this Part if the proceedings for the relevant offence were commenced before that commencement (and such sentencing is to occur as if this Act had not been enacted); and
(b) apply in relation to the sentencing of a person following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) if the proceedings for the relevant offence were commenced on or after that commencement.
After section 285A insert:
285AB—Determinations of court binding on trial judge A determination or order made by a judge of the court in proceedings dealing with charges laid in an information is binding on a judge of the court presiding at the trial of the defendant, whether the trial is the first or a new trial following a stay of the proceedings, discontinuance of an earlier trial or an appeal, unless the trial judge considers that it would not be in the interests of justice for the determination or order to be binding or the determination or order is inconsistent with an order made on such an appeal.
(1) Section 361—after subsection (1) insert:
(1a) If an appellant who is in custody is entitled to be present at the hearing of an appeal or an application for permission to appeal or a proceeding preliminary or incidental to an appeal, the entitlement of the appellant to be present at the proceedings will be taken to have been satisfied while there is in operation an audio visual link between the Court and the appellant.
(1b) However, subsection (1a) does not apply if the Court determines, on its own initiative or on application by the appellant, that the appellant should be physically present in the courtroom.
(2) Section 361—after subsection (2) insert:
(3) In this section—
audio visual link means a system of 2‑way communication linking different places so that a person speaking at any 1 of the places can be seen and heard at the other.
The amendments made to the
Criminal Law Consolidation Act 1935 by this Part are to be considered procedural rather than substantive.
Part 5 Amendment of Criminal Law (Sentencing) Act 1988
(1) Section 9A(1)—delete subsection (1) and substitute:
(1) A court that imposes, or purports to impose, a sentence on a defendant, or a court of co‑ordinate jurisdiction, may, on its own initiative or on application by the Director of Public Prosecutions or the defendant, make such orders as the court is satisfied are required to rectify an error of a technical nature made by the sentencing court in imposing, or purporting to impose, the sentence, or to supply a deficiency or remove an ambiguity in the sentencing order.
(2) Section 9A(2)—delete "an application" and substitute:
proceedings
(1) Section 19(3)—delete paragraph (a) and substitute:
(a) a sentence of imprisonment that exceeds—
(i) if the penalty is for 1 offence—5 years; and
(ii) if the penalty is for more than 1 offence—10 years; or
(2) Section 19(4)—delete "a minor indictable" and substitute:
an indictable
(3) Section 19(5)—delete "the District Court" and substitute:
a superior court
(1) Section 50A—before subsection (1) insert:
(a1) If, on the application of a person required to perform community service pursuant to a bond or an order of a court, the Minister for Correctional Services is satisfied—
(a) that the person will not complete the community service in the time provided for in the order or the bond; and
(b) that sufficient reason exists for the person not being able to complete the community service in the required time,
the Minister may, by instrument in writing, extend the period within which the person must complete the performance of the community service.
(2) Section 50A(1)—delete "sentenced a person to" and substitute:
ordered a person to perform
(3) Section 50A(2)—delete subsection (2) and substitute:
(2) The period within which community service must be performed cannot be extended under this section, whether by the Minister or the court, by a period exceeding 6 months, or periods that, in aggregate, exceed 6 months.
(3) If the Minister extends the period within which a person must complete the performance of community service under an order or bond, the order or bond will be taken to have been amended accordingly.
(4) The Minister must notify the probative or sentencing court of any exercise of powers under subsection (a1).
(1) Section 70L—after subsection (5) insert:
(5a) If, on the application of a person required to perform community service pursuant to an order under this section, an authorised officer is satisfied—
(a) that the person will not complete the community service in the time provided for in the order; and
(b) that sufficient reason exists for the person not being able to complete the community service in the required time,
the officer may, by instrument in writing, extend the period within which the person must complete the performance of the community service (even if the period, as so extended, exceeds 3 years).
(5b) The period within which community service must be performed cannot be extended under subsection (5a) by a period exceeding 6 months, or periods that, in aggregate, exceed 6 months.
(5c) If an authorised officer extends the period within which a person must complete the performance of community service under an order, the order will be taken to have been amended accordingly.
(2) Section 70L—after subsection (6) insert:
(6a) If an authorised officer makes a community service order in respect of a debtor, the officer must notify the probative or sentencing court of the order and of the exercise of any other powers under this section.
(1) The amendments made to sections 9A, 50A and 70L of the
Criminal Law (Sentencing) Act 1988 by sections 13, 15 and 16 are to be considered procedural rather than substantive.(2) The amendments made to section 19 of the
Criminal Law (Sentencing) Act 1988 by section 14—
(a) do not apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part if the proceedings for the relevant offence were commenced before that commencement (and such sentencing is to occur as if this Act had not been enacted); and
(b) apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) if the proceedings for the relevant offence were commenced on or after that commencement.
Section 3(1), definition of
court , (c)—delete "$80 000" and substitute:$100 000
The amendment made to the
Domestic Partners Property Act 1996 by this Part—
(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
20 Amendment of section 6 – Appointment to administrative offices in magistracy
(1) Section 6—after subsection (2) insert:
(2a) A person is not eligible for appointment as the Chief Magistrate unless he or she is a legal practitioner of at least 7 years standing.
(2b) For the purpose of determining whether a legal practitioner has the standing necessary for appointment as the Chief Magistrate, periods of legal practice and (where relevant) judicial service within and outside the State will be taken into account.
(2) Section 6(3)—delete "the Chief Magistrate or"
(3) Section 6(4)—delete "shall" and substitute:
(other than an appointment as the Chief Magistrate) will
After section 6 insert:
6A—Chief Magistrate to be magistrate and District Court Judge
(1) The Chief Magistrate will be taken to have been appointed as a magistrate and as a Judge of the District Court of South Australia (if he or she is not already a magistrate or a Judge of the District Court of South Australia).
(2) Section 6 of the
Judicial Administration (Auxiliary Appointments and Powers) Act 1988 applies to the Chief Magistrate and, for that purpose, the office of Judge of the District Court of South Australia will be taken to be the primary judicial office of the Chief Magistrate and service as Chief Magistrate will be regarded as if it were service as a Judge of the District Court of South Australia.(3) However—
(a) the Chief Magistrate may not perform the duties, or exercise the powers, of a Judge of the District Court of South Australia while the Chief Magistrate holds an appointment as Chief Magistrate; and
(b) the Chief Magistrate may resign from the office of Judge of the District Court of South Australia and from the office of the Chief Magistrate without simultaneously resigning from office as a magistrate and such a resignation will not give rise to any right to pension, retirement leave or other similar benefit.
(4) The Governor may, by regulation, make provisions relating to existing entitlements, and recognition of prior service, of the person holding the office of the Chief Magistrate on the commencement of this section or a person appointed to the office after that commencement, including by making modifications to the application of an Act that deals with superannuation or pensions.
Section 9(1)(c)—delete "sixty‑five" and substitute:
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(1) Section 3(1), definition of
minor statutory proceeding , (ba)—delete "$12 000" and substitute:$25 000
(2) Section 3(1), definition of
small claim —delete "$6 000" and substitute:$25 000
(3) Section 3(4)(a) and (b)—delete "$6 000" wherever occurring and substitute in each case:
$25 000
(1) Section 8(1)(a)—delete paragraph (a) and substitute:
(a) to hear and determine an action (at law or in equity) for a sum of money where the amount claimed does not exceed $100 000;
(2) Section 8(1)(b) and (c)—delete "$80 000" wherever occurring and substitute in each case:
$100 000
Section 9—after paragraph (a) insert:
(ab) to determine and impose sentence on a defendant who admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences);
Section 42(2)—after paragraph (a) insert:
(ab) in the case of a sentence passed on the conviction of a person of a major indictable offence—to the Full Court of the Supreme Court with the permission of the Full Court; or
(1) The amendments made to sections 3 and 8 of the
Magistrates Court Act 1991 by sections 23 and 24—
(a) do not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
(b) apply in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
(2) The amendments made to sections 9 and 42 of the
Magistrates Court Act 1991 by sections 25 and 26 apply in relation to the sentencing of a person by the Magistrates Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) only if the proceedings for the relevant offence were commenced on or after that commencement.
(1) The Attorney‑General must, as soon as practicable after the first anniversary of the commencement of section 23, conduct a review of the operation and impact of the amendments made to the
Magistrates Court Act 1991 by that section.(2) The Attorney‑General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.
29 Amendment of section 67 – Jurisdiction relating to tenements and monetary claims
Section 67(1a)—delete "$40 000" and substitute:
$100 000
The amendment made to the
Mining Act 1971 by this Part—
(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
(b) applies in respect of proceedings commenced after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
31 Amendment of section 72 – Jurisdiction relating to tenements and monetary claims
Section 72(2a)—delete "$40 000" and substitute:
$100 000
The amendment made to the
Opal Mining Act 1995 by this Part—
(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
Part 11 Amendment of Retail and Commercial Leases Act 1995
Section 69(1)—delete "$40 000" and substitute:
$100 000
The amendment made to the
Retail and Commercial Leases Act 1995 by this Part—
(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
35 Amendment of section 24 – Urinating etc in a public place
Section 24—after the penalty provision insert:
Expiation fee: $80.
36 Amendment of section 76A – Power to set aside conviction or order
Section 76A(1) and (2)—delete subsections (1) and (2) and substitute:
(1) The Court may set aside a conviction or order—
(a) on its own initiative; or
(b) on the application of a party made within 14 days after the party receives notice of the conviction or order.
Section 103—after subsection (3) insert:
(3aa) If a defendant charged with a major indictable offence admits the charge before the charge proceeds to a preliminary examination, the Court may, subject to section 108(1)—
(i) determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
(ii) commit the defendant to a superior Court for sentence.
(1) Section 105(1)(a)—delete "will commit the defendant to a superior Court for sentence;" and substitute:
may, subject to section 108(1)—
(i) determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
(ii) commit the defendant to a superior Court for sentence;
(2) Section 105(2)(c)(i)—delete "the defendant will be committed to a superior Court for sentence;" and substitute:
the Court may, subject to section 108(1)—
(A) determine and impose sentence on the defendant (in the same way as for a charge of a summary offence); or
(B) commit the defendant to a superior Court for sentence;
(3) Section 105(4a)—delete "However, in" and substitute:
In
Section 108—before its present contents (now to be designated as subsection (2)) insert:
(1) If—
(a) a defendant admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences); and
(b) the Director of Public Prosecutions for the State or the Commonwealth and the defendant consent to the defendant being sentenced by the Court,
the Court is to determine and impose sentence itself unless the Court is of the opinion that the interests of justice require committal to a superior Court.
Heading to Part 5 Division 5—delete "
minor "
Section 114—delete "a minor indictable" and substitute:
an indictable
(1) The amendment made to section 76A of the
Summary Procedure Act 1921 by section 36 applies in respect of convictions and orders made before or after the commencement of the amendment.(2) The amendments made to sections 103, 105 and 108 of the
Summary Procedure Act 1921 by sections 37, 38 and 39—
(a) do not apply in respect of the procedure to be followed after the commencement of this Part in proceedings commenced before that commencement (and such proceedings are to proceed as if this Act had not been enacted); and
(b) apply in respect of the procedure to be followed in proceedings commenced after that commencement.
Section 3(1), definition of
Court —delete "$80 000" wherever occurring and substitute in each case:$100 000
The amendment made to the
Unclaimed Goods Act 1987 by this Part—
(a) does not apply in respect of proceedings commenced before the commencement of this Part (and those proceedings may continue as if this Act had not been enacted); and
(b) applies in respect of proceedings commenced on or after the commencement of this Part (including proceedings in respect of a claim arising before the commencement of this Part).
(1) Section 14(2)—delete "The" and substitute:
Subject to subsection (2a), the
(2) Section 14—after subsection (2) insert:
(2a) The Court, when sitting to determine and impose sentence on a defendant who admits a charge of a major indictable offence (other than treason, murder, or an attempt or conspiracy to commit, or assault with intent to commit, either of those offences), may be constituted of a Magistrate.
Section 22(2)—after paragraph (b) insert:
(ba) in the case of a sentence passed by a Magistrate on the conviction of a person of a major indictable offence—to the Full Court of the Supreme Court;
The amendments made to the
Youth Court Act 1993 by this Part apply in respect of the sentencing of a person by the Youth Court following the commencement of this Part (including the sentencing of a person for an offence that occurred before that commencement) only if the proceedings for the relevant offence were commenced on or after that commencement.
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