South Australian Consolidated Acts South Australian Consolidated ActsPart 1—Preliminary
In this Schedule, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment of Bail Act 1985
2—Amendment of section 10A—Presumption against bail in certain
cases
Section 10A(2)—delete subsection (2) and substitute:
(2) In this
section—
prescribed applicant means—
(a) an
applicant taken into custody in relation to any of the following offences if
committed, or allegedly committed, by the applicant in the course of
attempting to escape pursuit by a police officer or attempting to entice a
police officer to engage in a pursuit:
(i)
an offence against section 13 of the Criminal Law
Consolidation Act 1935 in which the victim's death was caused by the
applicant's use of a motor vehicle;
(ii)
an offence against section 19A of the Criminal Law
Consolidation Act 1935 ;
(iii)
an offence against section 29 of the Criminal Law
Consolidation Act 1935 if the act or omission constituting the offence
was done or made by the applicant in the course of the applicant's use of a
motor vehicle; or
(b) an
applicant taken into custody in relation to an offence against section 17
where there is alleged to have been a contravention of, or failure to comply
with, a condition of a bail agreement imposed under section 11(2)(a)(ii);
or
(c) an
applicant taken into custody in relation to an offence of contravening or
failing to comply with a control order or public safety order issued under the
Serious and Organised Crime (Control) Act 2008 ; or
(d) an
applicant taken into custody in relation to an offence against any of the
following provisions of the Criminal Law Consolidation Act 1935 :
(i)
section 172;
(ii)
section 248;
(iii)
section 250.
Part 3—Amendment of Criminal Law Consolidation Act 1935
Section 248—delete this section and substitute:
248—Threats or reprisals relating to persons involved in criminal
investigations or judicial proceedings
(1) A person
who—
(a)
stalks another person; or
(b)
causes or procures, or threatens or attempts to cause or procure, any physical
injury to a person or property,
with the intention of inducing a person who is or may be involved in a
criminal investigation or judicial proceedings, to act or not to act in a way
that might influence the outcome of the investigation or proceedings, is
guilty of an offence.
Penalty: Imprisonment for 7 years.
(2) A person
who—
(a)
stalks another person; or
(b)
causes or procures, or threatens or attempts to cause or procure, any physical
injury to a person or property,
on account of anything said or done by a person involved in a criminal
investigation or judicial proceedings in good faith in the conduct of the
investigation or proceedings, is guilty of an offence.
Penalty: Imprisonment for 7 years.
(3) For the purposes
of this section, a person stalks another if the person does any of the
following, in a manner that could reasonably be expected to arouse the other
person's apprehension or fear:
(a)
follows the other person; or
(b)
loiters outside the place of residence of the other person or some other place
frequented by the other person; or
(c)
enters or interferes with property in the possession of the other person; or
(d)
gives or sends offensive material to the other person, or leaves offensive
material where it will be found by, given to or brought to the attention of
the other person; or
(e)
publishes or transmits offensive material by means of the Internet or some
other form of electronic communication in such a way that the offensive
material will be found by, or brought to the attention of, the other person;
or
(f)
communicates with the other person, or to others about the other person, by
way of mail, telephone (including associated technology), facsimile
transmission or the Internet or some other form of electronic communication;
or
(g)
keeps the other person under surveillance; or
(h) acts
in any other way.
(4) For the purposes
of this section—
(a) a
person is involved in a criminal investigation if the person is involved in
such an investigation as a witness, victim or legal practitioner or is
otherwise assisting police with their inquiries; and
(b) a
person is involved in judicial proceedings if the person is—
(i)
a judicial officer or other officer at judicial
proceedings; or
(ii)
involved in such proceedings as a witness, juror or legal
practitioner,
whether the proceedings are in progress or are proceedings that are to be or
may be instituted at a later time.
Section 250—delete this section and substitute:
250—Threats or reprisals against public officers
(1) A person
who—
(a)
stalks another person; or
(b)
causes or procures, or threatens or attempts to cause or procure, any physical
injury to a person or property,
with the intention of influencing the manner in which a public officer
discharges or performs his or her official duties or functions, is guilty of
an offence.
Penalty: Imprisonment for 7 years.
(2) A person
who—
(a)
stalks another person; or
(b)
causes or procures, or threatens or attempts to cause or procure, any physical
injury to a person or property,
on account of anything said or done by a public officer in good faith in the
discharge or performance or purported discharge or performance of his or her
official duties or functions, is guilty of an offence.
Penalty: Imprisonment for 7 years.
(3) For the purposes
of this section, a person stalks another if the person does any of the
following, in a manner that could reasonably be expected to arouse the other
person's apprehension or fear:
(a)
follows the other person; or
(b)
loiters outside the place of residence of the other person or some other place
frequented by the other person; or
(c)
enters or interferes with property in the possession of the other person; or
(d)
gives or sends offensive material to the other person, or leaves offensive
material where it will be found by, given to or brought to the attention of
the other person; or
(e)
publishes or transmits offensive material by means of the Internet or some
other form of electronic communication in such a way that the offensive
material will be found by, or brought to the attention of, the other person;
or
(f)
communicates with the other person, or to others about the other person, by
way of mail, telephone (including associated technology), facsimile
transmission or the Internet or some other form of electronic communication;
or
(g)
keeps the other person under surveillance; or
(h) acts
in any other way.
Part 4—Amendment of Freedom of Information Act 1991
5—Amendment of Schedule 1—Exempt documents
Schedule 1, clause 4—after subclause (3) insert:
(3a) A document is an
exempt document if it has been created by South Australia Police and contains
information classified by the Commissioner of Police, in accordance with the
provisions of any other Act, as criminal intelligence.
Part 5—Amendment of Summary Offences Act 1953
Section 13—delete the section
7—Amendment of section 74BB—Fortification removal order
Section 74BB(1)(b)—after subparagraph (ii) insert:
; or
(iii)
the premises—
(A) are owned by a declared organisation or
a member of a declared organisation; or
(B) are occupied or habitually used as a
place of resort by members of a declared organisation,