South Australian Consolidated Acts South Australian Consolidated ActsNotes
• Amendments of this version that are uncommenced are not
incorporated into the text.
• Please note—References in the legislation to other
legislation or instruments or to titles of bodies or offices are not
automatically updated as part of the program for the revision and publication of
legislation and therefore may be obsolete.
• Earlier versions of this Act (historical versions) are listed at
the end of the legislative history.
• For further information relating to the Act and subordinate
legislation made under the Act see the Index of South Australian Statutes or
www.legislation.sa.gov.au.
Principal Act and amendments
New entries appear in bold.
|
Year |
No |
Title |
Assent |
Commencement |
|
1993 |
57 |
27.5.1993 |
1.1.1994 (Gazette 4.11.1993 p2178) |
|
|
1994 |
35 |
Statutes Amendment (Truth in Sentencing) Act 1994 |
2.6.1994 |
1.8.1994 (Gazette 14.7.1994 p69) |
|
1995 |
85 |
Statutes Amendment (Courts Administration Staff)
Act 1995 |
30.11.1995 |
14.12.1995 (Gazette 14.12.1995 p1641) |
|
1996 |
68 |
Statutes Amendment (Sentencing of Young Offenders)
Act 1996 |
15.8.1996 |
8.10.1996 (Gazette 29.8.1996 p810) |
|
1998 |
41 |
Statutes Amendment (Young Offenders) Act 1998 |
13.8.1998 |
Pt 4 (ss 10—15)—1.10.1998 (Gazette 10.9.1998
p815) |
|
1999 |
42 |
Statutes Amendment and Repeal (Justice Portfolio)
Act 1999 |
5.8.1999 |
Pt 13 (ss 57—59)—3.10.1999 (Gazette 23.9.1999
p1208) |
|
2000 |
18 |
Statutes Amendment (Warrants of Apprehension)
Act 2000 |
1.6.2000 |
Pt 4 (ss 6—11)—1.7.2000 (Gazette 15.6.2000
p3131) |
|
2000 |
33 |
Young Offenders (Publication of Information) Amendment
Act 2000 |
6.7.2000 |
20.8.2000 (Gazette 10.8.2000 p444) |
|
2000 |
57 |
Statutes Amendment and Repeal (Attorney-General's Portfolio)
Act 2000 |
20.7.2000 |
Pt 16 (s 32)—14.8.2000 (Gazette 10.8.2000
p444) |
|
2004 |
23 |
Statutes Amendment (Courts) Act 2004 |
8.7.2004 |
Pt 10 (s 28)—1.9.2004 (Gazette 26.8.2004 p3402) |
|
2007 |
57 |
Statutes Amendment (Young Offenders) Act 2007 |
29.11.2007 |
Pt 4 (ss 6—11)—3.2.2008 (Gazette 31.1.2008
p349) |
|
2009 |
52 |
Statutes Amendment (Recidivist Young Offenders and Youth Parole Board)
Act 2009 |
5.11.2009 |
Pt 4 (ss 12—23)—uncommenced |
|
2009 |
63 |
Correctional Services (Miscellaneous) Amendment Act 2009 |
26.11.2009 |
Sch 1 (cll 1 & 2)—uncommenced |
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in
italics.
|
Provision |
How varied |
Commencement |
|
Pt 1 |
|
|
|
s 2 |
omitted under Legislation Revision and Publication
Act 2002 |
1.9.2004 |
|
s 3 |
|
|
|
s 3(2) |
(b) deleted by 68/1996 s 30(a) |
8.10.1996 |
|
s 3(2a) |
inserted by 68/1996 s 30(b) |
8.10.1996 |
|
|
amended by 57/2007 s 6 |
3.2.2008 |
|
s 4 |
|
|
|
Chief Executive |
inserted by 68/1996 s 31(a) |
8.10.1996 |
|
Director-General |
deleted by 68/1996 s 31(b) |
8.10.1996 |
|
home detention officer |
inserted by 68/1996 s 31(c) |
8.10.1996 |
|
Pt 2 |
|
|
|
s 9 |
|
|
|
s 9(1) |
amended by 85/1995 s 18(a) |
14.12.1995 |
|
s 9(1a) |
inserted by 85/1995 s 18(b) |
14.12.1995 |
|
s 13 |
|
|
|
s 13(1a)—(1j) |
inserted by 33/2000 s 3(a) |
20.8.2000 |
|
s 13(2) |
amended by 33/2000 s 3(b) |
20.8.2000 |
|
s 13(3) |
amended by 68/1996 s 32 |
8.10.1996 |
|
|
amended by 33/2000 s 3(c) |
20.8.2000 |
|
s 13(5) |
inserted by 33/2000 s 3(d) |
20.8.2000 |
|
Pt 3 |
|
|
|
s 15 |
|
|
|
s 15(1) |
amended by 68/1996 s 33 |
8.10.1996 |
|
|
amended by 41/1998 s 10(a) |
1.10.1998 |
|
s 15(1a) |
inserted by 41/1998 s 10(b) |
1.10.1998 |
|
s 15(3) |
amended by 41/1998 s 10(c) |
1.10.1998 |
|
Pt 4 |
|
|
|
Pt 4 Div A1 |
inserted by 57/2007 s 7 |
3.2.2008 |
|
Pt 4 Div 1 |
|
|
|
s 16 |
|
|
|
s 16(1) |
s 16 amended and redesignated as s 16(1) by 57/2007
s 8(1), (2) |
3.2.2008 |
|
s 16(2) |
inserted by 57/2007 s 8(2) |
3.2.2008 |
|
s 17 |
|
|
|
s 17(1) |
amended by 68/1996 s 34 |
8.10.1996 |
|
|
amended by 57/2007 s 9(1) |
3.2.2008 |
|
s 17(3) |
amended by 57/2007 s 9(2) |
3.2.2008 |
|
s 17A |
inserted by 57/2007 s 10 |
3.2.2008 |
|
Pt 4 Div 2 |
|
|
|
heading |
amended by 57/2007 s 11 |
3.2.2008 |
|
s 18 |
amended by 68/1996 s 35 |
8.10.1996 |
|
s 19 |
amended by 68/1996 s 36 |
8.10.1996 |
|
Pt 4 Div 3 |
|
|
|
s 23 |
|
|
|
s 23(1) |
amended by 41/1998 s 11(a) |
1.10.1998 |
|
s 23(5) |
substituted by 68/1996 s 37 |
8.10.1996 |
|
s 23(6) |
deleted by 68/1996 s 37 |
8.10.1996 |
|
|
inserted by 41/1998 s 11(b) |
1.10.1998 |
|
s 23(7) |
inserted by 41/1998 s 11(b) |
1.10.1998 |
|
s 24 |
amended by 68/1996 s 38 |
8.10.1996 |
|
s 25 |
|
|
|
s 25(1) |
s 25 redesignated as s 25(1) by 68/1996 s 39 |
8.10.1996 |
|
s 25(2) |
inserted by 68/1996 s 39 |
8.10.1996 |
|
s 26 |
|
|
|
s 26(3) |
amended by 68/1996 s 40(a) |
8.10.1996 |
|
s 26 |
|
|
|
s 26(4) |
amended by 68/1996 s 40(b) |
8.10.1996 |
|
s 28 |
|
|
|
s 28(3) |
amended by 68/1996 s 41 |
8.10.1996 |
|
Pt 4 Div 5 |
|
|
|
s 30 |
|
|
|
s 30(1)—(3) |
amended by 68/1996 s 42 |
8.10.1996 |
|
s 32 |
|
|
|
s 32(1) |
amended by 68/1996 s 43 |
8.10.1996 |
|
s 34 |
|
|
|
s 34(3) |
amended by 68/1996 s 44 |
8.10.1996 |
|
Pt 5 |
|
|
|
s 36 |
|
|
|
s 36(2a) |
inserted by 68/1996 s 45 |
8.10.1996 |
|
|
deleted by 41/1998 s 12 |
1.10.1998 |
|
s 36(4) |
(a) deleted by 35/1994 s 19 |
1.8.1994 |
|
|
amended by 42/1999 s 57(a) |
3.10.1999 |
|
s 36(5) |
amended by 42/1999 s 57(b) |
3.10.1999 |
|
Pt 5 Div 1A |
inserted by 41/1998 s 13 |
1.10.1998 |
|
Pt 5 Div 2 |
|
|
|
s 37 |
|
|
|
s 37(7) |
amended by 18/2000 s 6(a) |
1.7.2000 |
|
s 37(8) |
amended by 18/2000 s 6(b) |
1.7.2000 |
|
s 37(9a) |
inserted by 18/2000 s 6(c) |
1.7.2000 |
|
s 37(11) |
amended by 68/1996 s 46 |
8.10.1996 |
|
Pt 5 Div 2A |
inserted by 68/1996 s 47 |
8.10.1996 |
|
Pt 5 Div 3 |
|
|
|
s 38 |
|
|
|
s 38(2) |
amended by 68/1996 s 48(a), (b) |
8.10.1996 |
|
s 38(3) |
amended by 68/1996 s 48(c) |
8.10.1996 |
|
s 38(6a) and (6b) |
inserted by 68/1996 s 48(d) |
8.10.1996 |
|
s 38(9) |
amended by 68/1996 s 48(e) |
8.10.1996 |
|
s 39 |
|
|
|
s 39(1) |
amended by 68/1996 s 49 |
8.10.1996 |
|
s 40 |
|
|
|
s 40(1) |
amended by 68/1996 s 50(a), (b) |
8.10.1996 |
|
s 40(2) and (4) |
amended by 68/1996 s 50(a) |
8.10.1996 |
|
s 40(5) |
amended by 18/2000 s 7(a) |
1.7.2000 |
|
s 40(6) and (7) |
inserted by 18/2000 s 7(b) |
1.7.2000 |
|
s 40A |
inserted by 18/2000 s 8 |
1.7.2000 |
|
s 41 |
|
|
|
s 41(1) |
amended by 68/1996 s 51(a) |
8.10.1996 |
|
|
deleted by 18/2000 s 9(a) |
1.7.2000 |
|
s 41(3) |
substituted by 68/1996 s 51(b) |
8.10.1996 |
|
s 41(5) |
amended by 68/1996 s 51(c) |
8.10.1996 |
|
|
amended by 18/2000 s 9(b) |
1.7.2000 |
|
s 41(5a) |
inserted by 68/1996 s 51(d) |
8.10.1996 |
|
|
amended by 18/2000 s 9(c) |
1.7.2000 |
|
s 41(5b) |
inserted by 68/1996 s 51(d) |
8.10.1996 |
|
s 41(10) |
amended by 18/2000 s 9(d) |
1.7.2000 |
|
s 41(10a) |
inserted by 18/2000 s 9(e) |
1.7.2000 |
|
s 41(12) |
amended by 68/1996 s 51(a) |
8.10.1996 |
|
s 41(14) and (15) |
inserted by 68/1996 s 51(e) |
8.10.1996 |
|
s 42 |
|
|
|
s 42(1) |
amended by 68/1996 s 52 |
8.10.1996 |
|
Pt 5 Div 5 |
|
|
|
s 48 |
|
|
|
s 48(1) |
amended by 68/1996 s 53(a) |
8.10.1996 |
|
s 48(6) |
inserted by 68/1996 s 53(b) |
8.10.1996 |
|
|
amended by 18/2000 s 10 |
1.7.2000 |
|
Pt 6 |
heading amended by 68/1996 s 54 |
8.10.1996 |
|
s 49 |
|
|
|
s 49(1) |
substituted by 68/1996 s 55 |
8.10.1996 |
|
s 49A |
inserted by 68/1996 s 56 |
8.10.1996 |
|
s 50 |
amended by 68/1996 s 57 |
8.10.1996 |
|
s 51 |
|
|
|
s 51(1) |
amended by 68/1996 s 58 |
8.10.1996 |
|
Pt 7 before deletion by 23/2004 |
|
|
|
s 56 |
|
|
|
s 56(1) and (2) |
amended by 68/1996 s 59 |
8.10.1996 |
|
Pt 7 |
deleted by 23/2004 s 28 |
1.9.2004 |
|
Pt 8 |
|
|
|
s 59 |
amended by 68/1996 s 60 |
8.10.1996 |
|
s 59A |
inserted by 68/1996 s 61 |
8.10.1996 |
|
s 60 |
amended by 68/1996 s 62 |
8.10.1996 |
|
s 61 |
amended by 18/2000 s 11 |
1.7.2000 |
|
s 63 |
|
|
|
s 63(1) |
amended by 68/1996 s 63 |
8.10.1996 |
|
s 63(2) |
amended by 68/1996 s 63 |
8.10.1996 |
|
|
amended by 41/1998 s 14(a), (b) |
1.10.1998 |
|
s 63(3) |
amended by 41/1998 s 14(c) |
1.10.1998 |
|
s 63(4) |
amended by 68/1996 s 63 |
8.10.1996 |
|
|
amended by 41/1998 s 14(d) |
1.10.1998 |
|
s 63(6) |
amended by 68/1996 s 63 |
8.10.1996 |
|
s 63(7) |
amended by 41/1998 s 14(e) |
1.10.1998 |
|
s 63(8) |
deleted by 41/1998 s 14(f) |
1.10.1998 |
|
s 63A |
inserted by 41/1998 s 15 |
1.10.1998 |
|
s 63B |
inserted by 41/1998 s 15 |
1.10.1998 |
|
|
amended by 42/1999 s 58 |
3.10.1999 |
|
|
amended by 57/2000 s 32 |
14.8.2000 |
|
s 63C |
inserted by 42/1999 s 59 |
3.10.1999 |
|
s 65 |
|
|
|
s 65(2) |
amended by 68/1996 s 64 |
8.10.1996 |
Transitional etc provisions associated with Act or
amendments
Statutes Repeal and Amendment (Children's Protection
and Young Offenders) Act 1993
In this Act—
commencement day means the day on which this Act comes into
operation;
new legislation means—
(a) the Young Offenders Act 1993; and
(b) the Youth Court Act 1993;
former legislation means the Children's Protection and
Young Offenders Act 1979.
19—Transitional
provisions—offences
(1) Proceedings in relation to an offence alleged to have been committed
before the commencement day may be taken under the new legislation.
(2) Proceedings before the Children's Court of South Australia under the
former legislation in relation to such an offence may be continued and completed
before the Youth Court of South Australia under the new legislation.
(3) A person may not be subjected to a penalty under the new legislation
for an offence committed before the commencement day unless—
(a) the penalty is of the same nature as could have been imposed under the
former legislation (and for this purpose an order under section 26 of the
Young Offenders Act 1993 is to be taken to be of the same nature as
a bond); and
(b) the penalty is no more severe than could have been properly imposed
under the former legislation.
(4) A judge or magistrate who was a judicial officer of the Children's
Court of South Australia may (even though not a judicial officer of the Youth
Court of South Australia) sit as a member of the Youth Court of South Australia
for the purpose of continuing and completing the hearing and determination of
proceedings commenced or part heard before the commencement day.
(5) An order or bond in force under Part 7 of the former legislation
immediately before the commencement day remains in force under, but subject to,
the former legislation.
(6) The former legislation remains in force in relation to an order or
bond to which subsection (5) applies, and any further order or bond imposed on
breach of the order or bond or in relation to the same offence, as if references
to the Children's Court of South Australia were references to the Youth Court of
South Australia, and with any further modifications that may be prescribed by
regulation.
Statutes Amendment (Courts Administration Staff)
Act 1995
(1) An appointment to a non-judicial office or position made or
purportedly made before the commencement of this Act in accordance with an Act
that is amended by this Act will be taken to have been duly made under the
statutory provisions that, as amended by this Act, provide for the making of
such an appointment as if this Act had been enacted and in force at the relevant
time.
Historical versions
|
Reprint No 1—1.8.1994 |
|
|
Reprint No 2—14.12.1995 |
|
|
Reprint No 3—8.10.1996 |
|
|
Reprint No 4—1.10.1998 |
|
|
Reprint No 5—3.10.1999 |
|
|
Reprint No 6—1.7.2000 |
|
|
Reprint No 7—20.8.2000 |
|
|
1.9.2004 |
|