{"id":"shop-theft-alternative-enforcement-act-2000","name":"Shop Theft (Alternative Enforcement) Act 2000","slug":"shop-theft-alternative-enforcement-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":109937,"registerId":"sa-shop-theft-alternative-enforcement-act-2000-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Shop Theft (Alternative Enforcement) Act 2000","content":"South Australia\nShop Theft (Alternative Enforcement) Act 2000\nAn Act to provide for certain persons accused of minor shop theft to be subject to a non‑curial enforcement process with their consent as an alternative to prosecution; and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tIssue of shop theft infringement notice\n5\tConsent to being dealt with under Act—goods valued at or below the prescribed amount\n6\tConsent to being dealt with under Act—goods valued at more than the prescribed amount\n7\tFailure to effectively consent\n8\tWithdrawal of consent\n9\tAlleged offender to be provided with copy of notice and caution\n10\tInformation to be provided to victim\n11\tCommunity service\n12\tBreach of undertaking specified in notice\n13\tNo prosecution if effective consent given\n14\tFailure to issue notice or allow effective consent not to be raised in proceedings\n15\tInadmissibility of evidence of consent etc\n16\tCommissioner to keep records\n17\tConfidentiality\n18\tCommissioner's annual report to contain information relating to notices\nSchedule 1—Shop theft infringement notice—goods valued at or below the prescribed amount\nSchedule 2—Shop theft infringement notice—goods valued at more than the prescribed amount\nSchedule 3—Provisions relating to community service\n1\tInterpretation\n2\tApplication of Correctional Services Act 1982\n3\tSpecial provisions relating to community service\n4\tChief Executive must assign community corrections officer\n5\tCommunity corrections officer may give reasonable directions\n6\tExtension of period for performance of community service\n7\tWaiver of community service requirement on notification by Chief Executive\n8\tWaiver of unperformed hours of community service on application\n9\tIncrease in hours on default in performance of community service\n10\tBreach of undertaking to be reported to Commissioner of Police\n11\tEvidentiary\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Shop Theft (Alternative Enforcement) Act 2000.\n3—Interpretation\n\t(1)\tIn this Act—\ncommunity corrections officer means a person who is a community corrections officer within the meaning of the Sentencing Act 2017;\nCPI means the Consumer Price Index (All Groups) for the City of Adelaide published by the Australian Bureau of Statistics;\nminor shop theft means theft of goods valued at or below the prescribed upper limit from a shop;\nprescribed amount means—\n\t(a)\tif no amount is prescribed by regulation in accordance with subsection (3)—$30; or\n\t(b)\tif an amount is prescribed by regulation in accordance with subsection (3)—that amount;\nprescribed upper limit means—\n\t(a)\tif no amount is prescribed by regulation in accordance with subsection (3)—$150; or\n\t(b)\tif an amount is prescribed by regulation in accordance with subsection (3)—that amount;\nsale includes hire;\nshop includes any place where goods are displayed for sale;\nvictim of an alleged offence of minor shop theft means the proprietor of the business in the course of which the goods in question were displayed for sale or an agent of the proprietor.\n\t(2)\tFor the purposes of this Act, the value of any goods the subject of an allegation of theft from a shop will be taken to be—\n\t(a)\tthe retail price (or the lowest retail price) of the goods at the shop on the day on which the alleged theft took place; or\n\t(b)\tif, on the day on which the alleged theft took place, the goods do not have a retail price at the shop—the amount that would be the cost to the victim of replacing the goods on that day.\n\t(3)\tThe regulations may prescribe an amount for the purposes of the definition of prescribed amount or prescribed upper limit, provided that an amount prescribed must not exceed—\n\t(a)\tin the case of the prescribed amount—$30 adjusted by the percentage variation (to two decimal points) between the CPI for the quarter immediately preceding the commencement of this section and the CPI for the quarter immediately preceding the making of the regulation and rounded to the nearest dollar;\n\t(b)\tin the case of the prescribed upper limit—$150 adjusted by the percentage variation (to two decimal points) between the CPI for the quarter immediately preceding the commencement of this section and the CPI for the quarter immediately preceding the making of the regulation and rounded to the nearest dollar.\n4—Issue of shop theft infringement notice\n\t(1)\tIf a police officer is satisfied that—\n\t(a)\tan allegation of theft made against a person constitutes an allegation of minor shop theft; and\n\t(b)\tthe alleged offender—\n\t(i)\tis aged 18 years or over; and\n\t(ii)\tis not an employee of the victim; and\n\t(c)\tthe victim consents to the alleged offender's being dealt with under this Act; and\n\t(d)\tthere is no reason to suspect that the alleged theft is part of a pattern of behaviour on the part of the alleged offender or an organised scheme involving the alleged offender; and\n\t(e)\tthere is sufficient evidence on which a court could reasonably find the alleged offender guilty of the alleged theft,\nthe police officer may, instead of charging the alleged offender with theft, issue a shop theft infringement notice to the alleged offender.\n\t(2)\tIf a victim consents to an alleged offender being dealt with under this Act, that consent cannot be withdrawn.\n\t(3)\tA shop theft infringement notice issued to an alleged offender must—\n\t(a)\tif the goods the subject of the allegation are valued at or below the prescribed amount—be in the form set out in Schedule 1; or\n\t(b)\tif the goods the subject of the allegation are valued at more than the prescribed amount—be in the form set out in Schedule 2.\n\t(4)\tWhen a police officer issues a shop theft infringement notice to an alleged offender, the police officer must read to the alleged offender the information contained in Part B of the notice.\n5—Consent to being dealt with under Act—goods valued at or below the prescribed amount\nAn alleged offender who has been issued with a shop theft infringement notice relating to goods valued at or below the prescribed amount effectively consents to being dealt with under this Act if—\n\t(a)\timmediately following the issue of the notice—\n\t(i)\tthe alleged offender apologises to the victim at the shop, in the presence of a police officer (unless the victim indicates that he or she does not want to receive an apology); and\n\t(ii)\tif the goods are no longer in the condition in which they were displayed for sale because of the actions of the alleged offender—the alleged offender, in the presence of a police officer, pays the victim the value of the goods; and\n\t(iii)\tthe alleged offender completes and signs the statement contained in Part C of the notice—\n\t(A)\tadmitting the commission of the offence described in the notice; and\n\t(B)\tundertaking to submit to a caution against further offending to be administered by a police officer; and\n\t(iv)\ta police officer confirms that it is appropriate that the alleged offender be dealt with under this Act by completing and signing Part D of the notice; or\n\t(b)\twithin 48 hours after the issue of the notice—\n\t(i)\tthe alleged offender personally attends at the police station specified in the notice; and\n\t(ii)\tif the goods are no longer in the condition in which they were displayed for sale because of the actions of the alleged offender—the alleged offender pays the value of the goods to a police officer (which amount must be forwarded to or made available for collection by the victim); and\n\t(iii)\ta police officer specifies in Part C of the notice the day and time at which the alleged offender will be required to apologise to the victim (unless the victim has indicated that he or she does not want to receive an apology); and\n\t(iv)\tthe alleged offender completes and signs the statement contained in Part C of the notice—\n\t(A)\tadmitting the commission of the offence described in the notice; and\n\t(B)\tundertaking—\n\t•\tto submit to a caution against further offending to be administered by a police officer; and\n\t•\tif applicable, to apologise to the victim at the shop, in the presence of a police officer, on the day and at the time specified in the notice; and\n\t(v)\ta police officer confirms that it is appropriate that the alleged offender be dealt with under this Act by completing and signing Part D of the notice.\n6—Consent to being dealt with under Act—goods valued at more than the prescribed amount\nAn alleged offender who has been issued with a shop theft infringement notice relating to goods valued at more than the prescribed amount effectively consents to being dealt with under this Act if, within 48 hours after the issue of the notice—\n\t(a)\tthe alleged offender personally attends at the police station specified in the notice; and\n\t(b)\tif the goods are no longer in the condition in which they were displayed for sale because of the actions of the alleged offender—the alleged offender pays the value of the goods to a police officer (which amount must be forwarded to or made available for collection by the victim); and\n\t(c)\ta police officer specifies in Part C of the notice—\n\t(i)\tthe day and time at which the alleged offender will be required to apologise to the victim (unless the victim has indicated that he or she does not want to receive an apology); and\n\t(ii)\tthe place at which the alleged offender will be required to report to a community corrections officer for the purpose of completing a period of community service; and\n\t(d)\tthe alleged offender completes and signs the statement contained in Part C of the notice—\n\t(i)\tadmitting the commission of the offence described in the notice; and\n\t(ii)\tundertaking—\n\t(A)\tto submit to a caution against further offending to be administered by a police officer; and\n\t(B)\tif applicable, to apologise to the victim at the shop, in the presence of a police officer, on the day and at the time specified in the notice; and\n\t(C)\tto complete a period of community service specified in the notice (to be calculated at the rate of one hour for every $5, or part thereof, of the value of the goods) within the period of six months after the date on which consent is given; and\n\t(D)\tfor the purpose of completing a period of community service—\n\t•\tto report to a community corrections officer at the place specified in the notice not later than two working days after the date on which consent is given; and\n\t•\tto obey the lawful directions of the community corrections officer to whom the alleged offender is assigned; and\n\t(e)\ta police officer confirms that it is appropriate that the alleged offender be dealt with under this Act by completing and signing Part D of the notice.\n7—Failure to effectively consent\nIf an alleged offender who has been issued with a shop theft infringement notice does not effectively consent to being dealt with under this Act, the alleged offender may be charged with theft in relation to the allegation the subject of the notice.\n8—Withdrawal of consent\n\t(1)\tAn alleged offender who has been issued with a shop theft infringement notice relating to goods valued at or below the prescribed amount and effectively consented to being dealt with under this Act immediately following the issue of the notice may withdraw that consent at any time within 48 hours of the issue of the notice by personally attending at the police station specified in the notice and advising a police officer, in writing, that consent is withdrawn.\n\t(2)\tIf an alleged offender withdraws consent in accordance with this section, the alleged offender will be treated as if he or she had never effectively consented to being dealt with under this Act.\n\t(3)\tThis section does not apply if an alleged offender has paid the victim the value of the goods.\n9—Alleged offender to be provided with copy of notice and caution\nAn alleged offender who has been issued with a shop theft infringement notice and effectively consented to being dealt with under this Act must be provided with—\n\t(a)\ta copy of the duly completed and signed shop theft infringement notice; and\n\t(b)\ta notice setting out the words of the caution administered to the alleged offender.\n10—Information to be provided to victim\nIf a police officer issues a shop theft infringement notice to an alleged offender, the officer must—\n\t(a)\task the victim of the alleged offence whether he or she wishes to be provided with information in relation to the manner in which the alleged offence has been dealt with; and\n\t(b)\tif the victim indicates that he or she does wish to have that information—ensure that the victim is provided with that information.\n11—Community service\nThe provisions set out in Schedule 3 apply in relation to the performance of community service in accordance with an undertaking specified in a shop theft infringement notice.\n12—Breach of undertaking specified in notice\n\t(1)\tA person who has been issued with a shop theft infringement notice and effectively consented to being dealt with under this Act must not, without reasonable excuse (proof of which lies on the person), breach an undertaking specified in the shop theft infringement notice.\nMaximum penalty: $1 250\n\t(2)\tIn proceedings for an offence against this section, an apparently genuine document purporting to be a shop theft infringement notice, or a copy of a shop theft infringement notice, issued under this Act and duly completed and signed constitutes, in the absence of proof to the contrary—\n\t(a)\tproof that the person named as the alleged offender in the notice has effectively consented to being dealt with under this Act; and\n\t(b)\tproof of the terms of the undertakings specified in the notice.\n\t(3)\tIn proceedings for an offence against this section, an apparently genuine document purporting to be a certificate executed by a community corrections officer performing duties at a specified place certifying that a specified person did not report to a community corrections officer at that place during a specified period constitutes, in the absence of proof to the contrary, proof of the matters so certified.\n13—No prosecution if effective consent given\nA person who has been issued with a shop theft infringement notice and effectively consented to being dealt with under this Act is not liable to prosecution for an offence of theft in relation to the allegation the subject of the notice.\n14—Failure to issue notice or allow effective consent not to be raised in proceedings\nNo argument may be put in proceedings before a court on a charge of theft that a shop theft infringement notice should have been issued to the defendant, or that the defendant should have been allowed to effectively consent to being dealt with under this Act, in relation to the allegation the subject of the proceedings.\n15—Inadmissibility of evidence of consent etc\n\t(1)\tSubject to subsection (2), the fact that a person who was issued with a shop theft infringement notice admitted committing the offence the subject of the notice by, or for the purposes of, effectively consenting to being dealt with under this Act may not be adduced in evidence or cited or referred to in any proceedings other than by or with the consent of the person.\n\t(2)\tSubsection (1) does not apply in relation to—\n\t(a)\tproceedings for an offence against section 12; or\n\t(b)\tdisciplinary proceedings against a police officer relating to conduct in connection with the shop theft infringement notice or the issue of the notice.\n16—Commissioner to keep records\n\t(1)\tThe Commissioner of Police must keep a record of—\n\t(a)\tthe name of an alleged offender who has been issued with a shop theft infringement notice under this Act and has effectively consented to being dealt with under this Act; and\n\t(b)\tthe details of allegations contained in the notice; and\n\t(c)\tthe terms of the undertakings specified in the notice.\n\t(2)\tA record required under this section must be kept for at least five years after the date on which effective consent to being dealt with under this Act was given.\n17—Confidentiality\n\t(1)\tA person who is, or has been, engaged in the administration of this Act must not disclose information relating to a shop theft infringement notice or the issue of a shop theft infringement notice obtained (whether by that person or otherwise) in the administration of this Act except—\n\t(a)\tto members of the police force for police record keeping or law enforcement purposes; or\n\t(b)\tto the alleged offender to whom the notice was issued (or to the alleged offender's legal representative); or\n\t(c)\tto the victim of the alleged offence in accordance with section 10; or\n\t(d)\tas required for the purposes of the Police Complaints and Discipline Act 2016; or\n\t(e)\tas required for the purposes of any legal proceedings.\nMaximum penalty: $10 000.\n\t(2)\tThis section does not derogate from section 15.\n\t(3)\tThis section does not prevent a person from divulging statistical or other information that could not reasonably be expected to lead to the identification of a person who has been issued with a shop theft infringement notice.\n18—Commissioner's annual report to contain information relating to notices\n\t(1)\tThe Commissioner of Police must, on or before 30 September in each year, prepare a report on the operation and administration of this Act during the period of 12 months that ended on the preceding 30 June.\n\t(2)\tA report required under this section must be incorporated in the annual report of the Commissioner of Police required under the Police Act 1998.\nSchedule 1—Shop theft infringement notice—goods valued at or below the prescribed amount\n\n\n\nSchedule 2—Shop theft infringement notice—goods valued at more than the prescribed amount\n\n\n\nSchedule 3—Provisions relating to community service\n1—Interpretation\nIn this Schedule—\nChief Executive means the CE within the meaning of the Sentencing Act 2017;\nMinister means the Minister performing functions under Part 4 of the Sentencing Act 2017.\n2—Application of Correctional Services Act 1982\nA person required to perform a period of community service in accordance with an undertaking specified in a shop theft infringement notice will be taken to be an offender for the purposes of Division 4 of Part 2 of the Correctional Services Act 1982.\n3—Special provisions relating to community service\nThe following provisions apply in relation to community service to be performed by a person in accordance with an undertaking specified in a shop theft infringement notice:\n\t(a)\tthe person is required to perform community service for not less than 4 hours each week and on such day, or days, as the community corrections officer to whom the person is assigned may direct;\n\t(b)\tthe person may not be required to perform community service for more than 24 hours in any week;\n\t(c)\tthe person may not, except in circumstances approved by the Minister, be required to perform community service for a continuous period exceeding eight hours;\n\t(d)\tif, on any day, a period of community service is to exceed four continuous hours, the next hour must be a meal break;\n\t(e)\tthe person may not be required to perform community service at a time that would interfere with his or her remunerated employment or with a course of training or instruction relating to, or likely to assist him or her in obtaining, remunerated employment, or that would cause unreasonable disruption of the person's commitments in caring for his or her dependants;\n\t(f)\tthe person may not be required to perform community service at a time that would cause him or her to offend against a rule of a religion that he or she practises;\n\t(g)\tthe attendance of the person at any educational, recreational or rehabilitative course or program approved by the Minister will be taken to be performance of community service;\n\t(h)\tthe person will not be remunerated for the performance of any community service in accordance with the notice.\n4—Chief Executive must assign community corrections officer\n\t(1)\tThe Commissioner of Police must ensure that, when a person effectively consents to a shop theft infringement notice that requires the performance of community service, a copy of the notice is promptly provided to the Chief Executive.\n\t(2)\tThe Chief Executive must, on receiving a copy of a shop theft infringement notice that requires the performance of community service, and may thereafter from time to time, assign the person to whom the notice relates to a community corrections officer.\n\t(3)\tThe Chief Executive must ensure that the person is notified in writing of the name of the community corrections officer to whom he or she has been assigned and, if necessary, of the place and time at which he or she must first report to that officer.\n\t(4)\tIt is the duty of a community corrections officer to endeavour to ensure that any person assigned to the officer for the purpose of performing community service in accordance with an undertaking specified in a shop theft infringement notice complies with the undertakings relating to community service specified in the notice.\n5—Community corrections officer may give reasonable directions\nA community corrections officer to whom a person is assigned for the purpose of performing community service in accordance with an undertaking specified in a shop theft infringement notice—\n\t(a)\tmay give reasonable directions to the person—\n\t(i)\trequiring the person to report to a community service centre or other place at certain times; or\n\t(ii)\trequiring the person to perform certain projects or tasks as community service; or\n\t(iii)\trequiring the person to undertake or participate in courses of instruction at a community service centre or other place; or\n\t(iv)\trequiring the person to behave in a particular manner while undertaking community service; and\n\t(b)\tmay give the person other directions of a kind authorised by the Minister, either generally or in relation to that person.\n6—Extension of period for performance of community service\n\t(1)\tWhere a shop theft infringement notice requires the performance by a person of community service, the Minister may, on application by the person or the Chief Executive, by instrument in writing, extend the period within which the community service is to be performed.\n\t(2)\tThe Minister cannot, on an application under subclause (1), extend the period within which the community service is to be performed by more than six months.\n\t(3)\tIf the period within which community service is to be performed in accordance with a shop theft infringement notice is extended under this clause, the undertaking specified in the notice will be taken to be varied accordingly.\n7—Waiver of community service requirement on notification by Chief Executive\n\t(1)\tThe Chief Executive must notify the Minister if the Chief Executive forms the opinion that it is not possible or reasonably practicable for a person to perform community service in accordance with an undertaking specified in a shop theft infringement notice (either at all or within the period specified in the notice or any extension of that period that may be granted under clause 6)—\n\t(a)\tbecause the person—\n\t(i)\tsuffers from a physical or mental infirmity; or\n\t(ii)\thas been imprisoned or remanded in custody in relation to an offence; or\n\t(iii)\tis subject to some other requirement for the performance of community service; or\n\t(b)\tfor some other sufficient reason.\n\t(2)\tOn receiving a notification under subclause (1), the Minister may, by instrument in writing, waive compliance with the requirement to perform community service, or a specified number of hours of community service.\n\t(3)\tIf the Minister waives compliance with the requirement to perform community service or a number of hours of community service under this clause, the undertaking specified in the notice will be taken to be varied accordingly.\n8—Waiver of unperformed hours of community service on application\n\t(1)\tIf, on the application of a person required to perform community service in accordance with an undertaking specified in a shop theft infringement notice, the Minister is satisfied—\n\t(a)\tthat, although some hours of community service remain unperformed, the person has substantially complied with the undertaking; and\n\t(b)\tthat there is no apparent intention on the person's part to deliberately evade his or her obligations under the notice; and\n\t(c)\tthat sufficient reason exists for not insisting on performance of some or all of those hours,\nthe Minister may, by instrument in writing, waive compliance with the requirement to perform those hours, or a specified number of them.\n\t(2)\tThe Minister cannot exercise his or her powers under subclause (1) to waive performance of more than ten hours under the one notice.\n\t(3)\tIf the Minister waives compliance with the requirement to perform a number of hours of community service under this clause, the undertaking specified in the notice will be taken to be varied accordingly.\n9—Increase in hours on default in performance of community service\n\t(1)\tIf the Minister is satisfied that a person has breached an undertaking specified in a shop theft infringement notice by failing to obey a direction of a community corrections officer to whom the person is assigned, the Minister may deal with the breach by increasing, by notice in writing served personally, the number of hours of community service that the person is required to perform in accordance with the notice.\n\t(2)\tIf the Minister exercises his or her powers under subclause (1) to increase the number of hours of community service to be performed in accordance with an undertaking specified in a shop theft infringement notice—\n\t(a)\tthe undertaking specified in the notice will be taken to have been varied accordingly; and\n\t(b)\tthe person to whom the notice relates may not be prosecuted in relation to the breach.\n\t(3)\tThe number of hours of community service may not be increased under subclause (1) by more than 24 in aggregate.\n10—Breach of undertaking to be reported to Commissioner of Police\n\t(1)\tIf the Minister is satisfied that a person has breached an undertaking specified in a shop theft infringement notice relating to the performance of community service, the Minister must, unless satisfied that the breach is trivial or should be dealt with under another provision of this Schedule, notify the Commissioner of Police of the breach.\n\t(2)\tIf proceedings are commenced alleging breach of an undertaking specified in a shop theft infringement notice relating to the performance of community service, the requirements relating to community service specified in the undertaking have no further operation.\n11—Evidentiary\nIn any proceedings, an apparently genuine document purporting to be a certificate executed by the Minister certifying as to a matter relating to the exercise of powers by the Minister under this Schedule constitutes proof, in the absence of proof to the contrary, of the matters so certified.\nLegislative history\nNotes\n\t•\tPlease 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.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor 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.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2000\n73\n Shop Theft (Alternative Enforcement) Act 2000\n7.12.2000\n11.11.2001 (Gazette 20.9.2001 p4212)\n2002\n26\n Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002\n31.10.2002\nSch 3 (cl 7)—5.7.2003 (Gazette 15.5.2003 p1979)\n2012\n52\n Independent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cl 72)—20.12.2012 (Gazette 20.12.2012 p5742)\n2016\n60\nPolice Complaints and Discipline Act 2016\n8.12.2016\nSch 1 (cl 33)—4.9.2017 (Gazette 29.8.2017 p3794)\n2017\n53\nStatutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 18 (ss 28 & 29)—30.4.2018 (Gazette 6.2.2018 p612)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n5.7.2003\ns 3\n\n\ns 3(1)\n\n\ncommunity corrections officer\namended by 53/2017 s 28\n30.4.2018\nminor shop theft\namended by 26/2002 s 19(2) (Sch 3 cl 7(a))\n5.7.2003\ns 3(2)\namended by 26/2002 s 19(2) (Sch 3 cl 7(b))\n5.7.2003\ns 4\n\n\ns 4(1)\namended by 26/2002 s 19(2) (Sch 3 cl 7(c))\n5.7.2003\ns 7\namended by 26/2002 s 19(2) (Sch 3 cl 7(d))\n5.7.2003\ns 13\namended by 26/2002 s 19(2) (Sch 3 cl 7(e))\n5.7.2003\ns 14\namended by 26/2002 s 19(2) (Sch 3 cl 7(f))\n5.7.2003\ns 17\n\n\ns 17(1)\namended by 52/2012 Sch 3 cl 72\n20.12.2012\n\namended by 60/2016 Sch 1 cl 33\n4.9.2017\nSch 3\n\n\ncl 1\n\n\nChief Executive\nsubstituted by 53/2017 s 29\n30.4.2018\nMinister\nsubstituted by 53/2017 s 29\n30.4.2018\nHistorical versions\nReprint No 1—5.7.2003\n\n20.12.2012\n\n4.9.2017\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing a non-curial alternative enforcement process for minor shop theft. While amendments have updated cross-references to modernise terminology (e.g., updating references from the Correctional Services Act and Sentencing Act), the core scope—adult offenders, victim consent, apology/repayment/caution structure, and community service for higher values—has remained stable since 2000. The CPI adjustment mechanism was built into the original Act rather than being a later expansion."},"complexity_factors":["Two parallel procedural tracks with different requirements based on monetary thresholds (Sections 5 and 6)","CPI-linked inflation adjustment formulas for monetary thresholds requiring quarterly calculations (Section 3(3))","Multiple cross-references to other Acts: Sentencing Act 2017, Correctional Services Act 1982, Police Act 1998, Police Complaints and Discipline Act 2016 (Sections 3(1), 11, Schedule 3 clauses 1-2, 18(2), 17(1)(d))","Nested conditional logic: 48-hour withdrawal window only applies to immediate consent and only if payment hasn't been made (Section 8)","Detailed community service regulations in Schedule 3 with multiple discretionary powers for the Minister (waivers, extensions, increases) and specific evidentiary presumptions","Evidentiary presumptions reversing burden of proof in certain proceedings (Sections 12(2)-(3), Schedule 3 clause 11)","Strict confidentiality provisions with five specific exceptions (Section 17)","Interaction between administrative completion of process and criminal liability (Sections 12-15 create complex admissibility and procedural bars)"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law creates a **diversion scheme** (an alternative to going to court) for adults accused of minor shoplifting. Instead of being charged with theft and facing criminal prosecution, eligible offenders can choose to go through a streamlined process involving apologies, repayment, cautions, and potentially community service.\n\n**Who it affects:**\n\n- **Alleged offenders:** Adults (18+) accused of stealing goods worth up to a certain value (currently capped by inflation-adjusted limits, originally $150). They must not be employees of the shop, and there must be no evidence of organised crime or repeat offending patterns.\n- **Victims:** Shop owners or their agents, who must consent to the process and cannot withdraw that consent once given.\n- **Police:** Officers decide whether to issue an infringement notice instead of laying charges, and administer cautions.\n- **Community corrections officers:** Supervise community service for higher-value thefts.\n\n**How it works:**\n\nThe scheme has **two tracks** based on the value of stolen goods:\n\n**Track 1 — Goods valued at or below the \"prescribed amount\" (originally $30, inflation-adjusted):**\n- The offender must apologise to the victim (unless the victim refuses), pay for damaged goods if applicable, admit the offence in writing, and accept a police caution.\n- This can happen immediately at the shop or within 48 hours at a police station.\n- The offender has 48 hours to change their mind and withdraw consent (unless they've already paid for the goods).\n\n**Track 2 — Goods valued above the prescribed amount but below the upper limit (originally $150, inflation-adjusted):**\n- The offender must attend a police station within 48 hours, pay for damaged goods, admit the offence, accept a caution, and agree to apologise.\n- Additionally, they must perform **community service** calculated at 1 hour per $5 of goods value (e.g., $60 of goods = 12 hours), to be completed within 6 months.\n\n**Key protections:**\n- If the offender completes the process successfully, they **cannot be prosecuted** for that theft.\n- Admissions made during this process generally **cannot be used against them** in other proceedings (with limited exceptions).\n- Records are kept confidential, with strict limits on disclosure.\n\n**What happens if things go wrong:**\n- If the offender doesn't complete the process properly, they can still be charged with theft.\n- Breaching the undertaking (e.g., failing to do community service) is a separate offence with a maximum $1,250 fine.\n- The Minister can extend deadlines, waive hours in exceptional circumstances, or increase hours (up to 24 extra) for non-compliance.\n\n**Why it matters:**\n\nThis law keeps minor shoplifting out of the courts, saving time and money for the justice system while providing a faster resolution for victims. It gives first-time or low-level offenders a chance to avoid a criminal record by taking responsibility and making amends directly to the victim. However, it requires the offender to admit guilt upfront, so it's not suitable for those who want to contest the allegation."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained focused on its original purpose of providing a civil alternative to criminal prosecution for shop theft. No scope changes can be confirmed without access to the full legislative text and any amending Acts."},"complexity_factors":["Full legislative text was unavailable due to a broken source URL — analysis is based on title and contextual knowledge only","The Act involves an intersection of civil and criminal law, which can be conceptually nuanced","Determining eligibility thresholds (e.g. value of goods stolen) for the alternative enforcement pathway may add procedural complexity","Rights of accused persons in a civil demand context (versus criminal protections) may not be well understood by the public"],"plain_english_summary":"The Act establishes an alternative, non‑criminal enforcement route for shop theft in South Australia, allowing retailers to pursue a civil penalty (a monetary demand) instead of pursuing police charges and criminal prosecution. It shifts how low‑value thefts can be handled, affecting shopkeepers and people accused of shoplifting by potentially avoiding criminal records.\n\nNote: the full legislative text wasn’t available for review; verify current details with the South Australian Office of Parliamentary Counsel."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's operational and administrative scope has been amended since enactment. Amendments in 2002 altered definitions and multiple provisions (Legislative history: 2002 No.26, Sch 3 cl 7), confidentiality references were updated in 2012 and 2016 (Legislative history: 2012 No.52; 2016 No.60 amending s 17), and 2017 amendments modernised supervisory references and roles in line with the Sentencing Act 2017 (Legislative history: 2017 No.53, ss 28–29). These changes adjusted thresholds, administrative actors and cross‑references, modifying how the non‑curial process is implemented."},"complexity_factors":["Multiple consent pathways and tight time limits for effective consent (ss 4–6) increase procedural complexity.","Dual monetary thresholds (prescribed amount and prescribed upper limit) with CPI-linked regulation and a formula for adjustments (s 3(1), (3)).","Community service scheme with detailed operational rules, limits, reporting and ministerial discretions (Schedule 3 cl 2–11).","Evidentiary presumptions and burdens in breach proceedings (s 12(2)–(3)) and a specific exclusion on adducing admissions (s 15).","Confidentiality rules with enumerated exceptions and a statutory penalty (s 17), plus record‑keeping and annual reporting obligations (ss 16, 18).","Cross‑legislative references and dependencies (Sentencing Act 2017, Correctional Services Act 1982, Police Act 1998), requiring coordination between agencies.","A statutory bar on raising non‑issuance of a notice as a defence in later prosecutions (s 14), which affects litigation strategy and rights."],"plain_english_summary":"This Act provides an alternative, non‑court enforcement path for adult alleged shoplifters: with the victim's consent, police may issue a shop theft infringement notice and the accused can avoid prosecution by effectively consenting to undertakings such as apologising, paying restitution, accepting a caution, or doing community service. It affects alleged offenders, shop proprietors, police and community corrections by moving certain minor theft matters from criminal prosecution into an administratively supervised compliance regime."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/shop-theft-alternative-enforcement-act-2000","history":"/api/acts/shop-theft-alternative-enforcement-act-2000/history","analysis":"/api/acts/shop-theft-alternative-enforcement-act-2000/analysis","conflicts":"/api/acts/shop-theft-alternative-enforcement-act-2000/conflicts","importantCases":"/api/acts/shop-theft-alternative-enforcement-act-2000/important-cases","documents":"/api/acts/shop-theft-alternative-enforcement-act-2000/documents"}}