South Australian Consolidated Acts South Australian Consolidated Acts (1) In this
Division—
"serious sexual offence" means any of the following offences where the maximum
penalty prescribed for the offence is, or includes, imprisonment for at least
5 years:
(a)
—
(i)
an offence under section 48, 49, 56, 58, 59, 60, 63,
63B, 66, 67, 68, 72 or 74 of the Criminal Law Consolidation Act 1935 ; or
(ii)
an attempt to commit or an assault with intent to commit
any of those offences;
(b) an
offence against the law of another State or a Territory corresponding to an
offence referred to in paragraph (a).
(2) For the purposes
of this Division—
(a) an
offence will be taken to have been committed in "prescribed circumstances if,
in the opinion of the Attorney-General—
(i)
the offence was committed in the course of deliberately
and systematically inflicting severe pain on the victim; or
(ii)
there are reasonable grounds to believe that the offender
also committed a serious sexual offence against or in relation to the victim
of the offence in the course of, or as part of the events surrounding, the
commission of the offence (whether or not the offender was also convicted of
the serious sexual offence); and
(b) a
reference to an "offence of murder" includes—
(i)
an offence of conspiracy to murder; and
(ii)
an offence of aiding, abetting, counselling or procuring
the commission of murder.
(3) No proceeding for
judicial review or for a declaration, injunction, writ, order or other remedy
may be brought to challenge or question a decision of the Attorney-General
under subsection (2).