Statutes Amendment (Serious Firearm Offences) Act 2012 (SA)

South Australia

Statutes Amendment (Serious Firearm Offences) Act 2012

An Act to amend the Bail Act 1985, the Correctional Services Act 1982, the Criminal Law (Sentencing) Act 1988, the Criminal Law Consolidation Act 1935, the Summary Offences Act 1953 and the Young Offenders Act 1993.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Statutes Amendment (Serious Firearm Offences) 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.

1. (1)

   Section 3(1)—before the definition of bail authority insert:

   ammunition has the same meaning as in the Firearms Act 1977;

2. (2)

   Section 3(1)—after the definition of financial condition insert:

   firearm has the same meaning as in the Firearms Act 1977;

Section 10A(2), definition of prescribed applicant—after paragraph (d) insert:

or

1. (e)

   an applicant taken into custody in relation to a serious firearm offence (within the meaning of Part 2 Division 2AA of the Criminal Law (Sentencing) Act 1988).

Section 11(1)—delete subsection (1) and substitute:

1. (1)

   Subject to this Act, every grant of bail is subject to the following conditions:

   1. (a)

      a condition prohibiting the applicant from possessing a firearm, ammunition or any part of a firearm;

   2. (b)

      a condition requiring the applicant to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by the bail authority, or a person or class of persons or body specified by the bail authority.

2. (1a)

   A bail authority may only vary or revoke the conditions imposed by subsection (1) if the bail authority is satisfied that—

   1. (a)

      there are cogent reasons to do so; and

   2. (b)

      the possession of a firearm, ammunition or part of a firearm by the person to whom the bail agreement relates does not represent an undue risk to the safety of the public.

3. (1b)

   A bail authority that is a court can only be satisfied of the matters referred to in subsection (1a) by evidence given on oath.

4. (1c)

   If a bail authority varies or revokes a condition imposed by subsection (1), the bail authority must make a written record of the reasons for its decision.

5. (1d)

   Subject to this section, a bail authority may impose 1 or more of the conditions referred to in subsection (2).

After section 11 insert:

11A—Bail authority may direct person to surrender firearm etc

1. (1)

   A bail authority may, in relation to a grant of bail that is subject to the condition imposed by section 11(1)(a), direct the person to whom the grant…