Statutes Amendment (Courts Efficiency Reforms) Act 2012 (SA)

South Australia

Statutes Amendment (Courts Efficiency Reforms) Act 2012

An Act to amend the Building Work Contractors Act 1995, the Controlled Substances Act 1984, the Criminal Law Consolidation Act 1935, the Criminal Law (Sentencing) Act 1988, the Domestic Partners Property Act 1996, the Magistrates Act 1983, the Magistrates Court Act 1991, the Mining Act 1971, the Opal Mining Act 1995, the Retail and Commercial Leases Act 1995, the Summary Offences Act 1953, the Summary Procedure Act 1921, the Unclaimed Goods Act 1987 and the Youth Court Act 1993.

The Parliament of South Australia enacts as follows:

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 2Amendment 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—

1. (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

2. (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:

5

Section 33B(4)—delete "2" and substitute:

5

Section 33C(4)—delete "2" and substitute:

5

The amendments made to the Controlled Substances Act 1984 by this Part—

1. (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

2. (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…