Part 7Supplementary provisions

Part 7—Supplementary provisions 175—Proceedings other than State criminal proceedings (1) Rules of court may provide that specified provisions of this Act apply with necessary adaptations and modifications to— (a) proceedings for offences that are not State criminal offences; or (b) proceedings involving both State criminal offences and other offences. State criminal offence means— (a) a summary offence where SA Police are both the investigating authority and the prosecuting authority; or (b) an indictable offence where SA Police are the investigating authority and the offence is being, or may be, prosecuted by the Director of Public Prosecutions. 176—Overlapping offences No objection to a charge or a conviction can be made on the ground that the defendant might, on the same facts, have been charged with, or convicted of, some other offence. 177—Proceedings against corporations (1) In this section— representative, in relation to a corporation, means a person appointed by the corporation to represent it for the purposes of this section. (2) For the purposes of this section— (a) a representative need not be appointed under the seal of a corporation; and (b) a statement in writing purporting to be signed by a managing director of a corporation or by 1 or more of the persons having the management of the affairs of a corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section is admissible in evidence and, in the absence of evidence to the contrary, is proof that the person has been so appointed. (3) A corporation charged with an offence may appear in the proceedings by its representative and may, by its representative, enter or withdraw a plea or make or withdraw an election. (4) If— (a) a representative appears in a proceeding against a corporation for an offence; and (b) there is a requirement that something be done in the presence of the defendant, or be said to the defendant, it is sufficient if that thing is done in the presence of the representative or said to the representative. (5) The trial of a corporation may proceed in the absence of any representative of the corporation. (6) If a corporation arraigned on an information fails to appear by a representative to enter a plea in relation to the charge, the court may order that a plea of not guilty be entered. 178—Defects cured by verdict A judgment after verdict for an indictable offence cannot be stayed or reversed— (a) for want of a similiter; or (b) by reason of any defect or irregularity in the summoning of the jurors for the misnomer or misdescription of a juror; or (c) because a person who has served as a juror has not been returned by the sheriff as a juror. 179—Forfeiture abolished (1) No confession, verdict, inquest, conviction or judgment of or for any treason or felony, or an offence formerly classified as a felony, will cause any attainder, forfeiture or escheat. (2) When a person is charged with treason or felony, or an offence formerly classified as a felony, the jury will not be charged to inquire concerning the person's lands, tenements or goods or whether the person fled for the offence. (3) In this section— forfeiture does not include any fine or penalty imposed by way of sentence. 180—Orders as to firearms and offensive weapons (1) If a court is satisfied by evidence adduced before it that— (a) a firearm or other offensive weapon was used in the commission of an offence; or (b) the commission of an offence was facilitated by the use of a firearm or other offensive weapon; or (c) in the circumstances it is expedient that an order or orders be made under this section, the court may make any one or more of the following orders: (d) an order that the firearm or other weapon be forfeited to the Crown; (e) an order that the firearm or other weapon be delivered into the custody of the Commissioner of Police for a period specified in the order or until further order; (f) any other order as to the custody or disposition of the firearm; (g) an order— (i) that a specified person is subject to a firearms prohibition order under the Firearms Act 2015 until further order; or (ii) prohibiting a specified person from using or possessing an offensive weapon of any kind, or of a kind specified in the order, for a period specified in the order or until further order. (1a) If a court makes an order under subsection (1)(g)(i) that a person is subject to a firearms prohibition order— (a) the order operates as a firearms prohibition order in force against the person under Part 8 of the Firearms Act 2015; and (b) the court may exercise the powers of the Registrar under section 45(17) of the Firearms Act 2015 to grant an exemption from specified provisions of that section; and (c) the Registrar of the court must notify the Registrar of Firearms of the details of the order. (2) On application by a person with a proper interest in the matter, the court may vary or revoke an order under subsection (1)(e), (f) or (g). (3) If an application is made under subsection (2), the court must not vary or revoke the order in respect of which the application is made unless it is satisfied that it is not inimical to the safety of the community to do so. (4) A person who contravenes or fails to comply with an order under this section (other than an order under subsection (1)(g)(i) that a specified person is subject to a firearms prohibition order) is guilty of an offence. Maximum penalty: (a) in the case of a breach of an order relating to a firearm—$50 000 or imprisonment for 10 years; (b) in the case of a breach of an order relating to an offensive weapon—$10 000 or imprisonment for 2 years. (5) Subsection (4) does not derogate from the power of a court to punish for contempt. (6) In this section— court includes any judge, magistrate or special justice entitled to preside over or constitute a court; firearm has the same meaning as in the Firearms Act 2015; offensive weapon means— (a) an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including— (i) a firearm or imitation firearm (ie an article intended to be taken for a firearm); or (ii) an explosive or an imitation explosive (ie an article or substance intended to be taken for an explosive); or (b) an article or substance that a person has— (i) for the purpose of causing personal injury or incapacity; or (ii) in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity. 181—Charges (1) An information is not invalid because of a defect of substance or of form. (2) A court may— (a) amend an information to cure a defect of substance or form (but if the defendant has been substantially prejudiced by the defect, no amendment may be made); or (b) dismiss an information if the defect cannot appropriately be cured by amendment. 182—Orders, warrants etc (1) An order, summons, warrant or other process of a court issued under this Act is not invalid by reason of any defect of substance or form. (2) A court may— (a) amend an order, summons, warrant or other process of the court in order to correct a defect of substance or form; or (b) if the person against whom an order, summons, warrant or other process has been made or issued has been, or may be, substantially prejudiced by the defect—revoke the order, summons, warrant or other process. 183—Remand to training centre If— (a) a court orders that a person charged with or convicted of an offence be remanded in custody; and (b) the person— (i) is already in custody in a training centre; or (ii) is alleged to have committed the offence while— (A) on conditional release from a training centre; or (B) serving a sentence of home detention in accordance with the Young Offenders Act 1993; or (C) subject to an order under section 26 of that Act; and (c) the court is satisfied that good reason exists for remanding the person to a training centre, the court may direct that the person be remanded to a training centre. 184—Application may be made to Court for transfer to training centre (1) If— (a) a person charged with or convicted of an offence has been, by order under this Act, remanded in custody in a prison; and (b) the person— (i) would, but for that order, be in custody in a training centre; or (ii) is alleged to have committed the offence while— (A) on conditional release from a training centre; or (B) serving a sentence of home detention in accordance with the Young Offenders Act 1993; or (C) subject to an order under section 26 of that Act; and (c) the court is, on the application of the person or the chief executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Youth Justice Administration Act 2016, satisfied that good reason exists for remanding the person to a training centre, the court may order that the person be transferred to a training centre. (2) If the court has, on a previous occasion, considered the question of whether the person should be remanded to a prison or to a training centre, an application may only be made under this section if, since the court considered the question— (a) there has been a material change in the circumstances of the person; or (b) the applicant has become aware of new facts or circumstances relevant to the question. 187AA—Cancellation of unexecuted warrants (1) The Governor may cancel— (a) a warrant for the apprehension of a person if it has not been executed within 15 years from the day on which it was issued; and (b) any other warrant if it has not been executed within 7 years from the day on which it was issued. (2) A warrant that is cancelled pursuant to subsection (1) ceases to have any force or effect and must be destroyed. 187A—Proof of convictions or orders (1) Any conviction or order whatsoever made by the Magistrates Court may be proved by a copy of the information on which the conviction or order was made, and of the minute or memorandum thereof made by the Magistrates Court and endorsed on the information. (1a) The copy must be certified by— (a) the person, or one of the persons, constituting the Magistrates Court by which the conviction or order was made; or (b) a Registrar. (2) No proof shall be required of the signature or judicial or official character of the person appearing to have signed any such copy as aforesaid. (3) This section shall apply to any conviction or order whether made before or after the commencement of this Act, and shall be in addition to and not in substitution for any other enactment providing a mode of proving convictions and orders. 188—Registration of orders for the purpose of enforcement (1) This section applies to an order for payment of a fine or other monetary sum made against a body corporate by a court of summary jurisdiction established under the law of some other State, or of a Territory of the Commonwealth. (2) The Principal Registrar may, subject to the order, register an order to which this section applies in the Magistrates Court. (3) Subject to the rules, proceedings may be taken for the enforcement of an order registered under this section as if it were an order of the Magistrates Court. 189—Costs generally Subject to sections 189A to 189D (inclusive), the Magistrates Court may award such costs for or against a party to proceedings as the Magistrates Court thinks fit. 189A—Costs payable by defendant in certain criminal proceedings (1) This section does not apply to— (a) a defendant who enters a written plea of guilty in accordance with section 57A. (2) If the Magistrates Court finds a defendant guilty in proceedings for an offence prosecuted by a police officer, the Magistrates Court must, subject to subsection (3), make an order for costs against the defendant for— (a) if an amount is prescribed by regulation for the purposes of this subsection—the prescribed amount; or (b) if no such amount is prescribed—$100. (3) If the prosecution agrees that an order under subsection (2) should not be made, the Magistrates Court may instead make some other order as to costs (or may make no order as to costs). 189B—Costs in pre-committal and committal proceedings Despite any other provision of this Part, costs will not be awarded against a party to proceedings for an indictable offence under Part 5 Divisions 2 and 3 unless the Magistrates Court is satisfied that the party has unreasonably obstructed the proceedings. 189C—Costs against informant in proceedings for restraining order (1) Despite any other provision of this Part, costs will not be awarded against an informant in proceedings for a restraining order unless the Magistrates Court is satisfied that the informant has acted in bad faith or unreasonably in bringing the proceedings. informant, in relation to a restraining order, includes an applicant for a restraining order; restraining order includes a domestic violence restraining order under the Domestic Violence Act 1994 and an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009. 189D—Costs—delay or obstruction of proceedings (1) If proceedings in the Magistrates Court are delayed through the neglect or incompetence of a legal practitioner, the Magistrates Court may— (a) disallow the whole or part of the costs as between the legal practitioner and his or her client (and, where appropriate, order the legal practitioner to repay costs already paid); (b) order the legal practitioner to indemnify his or her client or any other party to the proceedings for costs resulting from the delay; (c) order the legal practitioner to pay to the Principal Registrar for the credit of the Consolidated Account an amount fixed by the Magistrates Court as compensation for time wasted. (2) If proceedings are delayed through the neglect or incompetence of a prosecutor who is not a legal practitioner, the Magistrates Court may order the Crown, or, where the prosecution is brought on behalf of a body that does not represent the Crown, that body, to indemnify any party to the proceedings for costs resulting from the delay. (3) If proceedings are unreasonably obstructed by a party or a witness, or proceedings are delayed through the failure of a party or a witness to appear before the Magistrates Court when required to do so, the Magistrates Court may make either or both of the following orders: (a) an order that the party or witness indemnify any party for costs resulting from the obstruction or delay; (b) an order that the party or witness pay to the Principal Registrar for the credit of the Consolidated Account an amount fixed by the Magistrates Court as compensation for time wasted in consequence of the obstruction or delay. (4) Before making an order under subsection (1), (2) or (3), the Magistrates Court must inform the person against whom the order is proposed of the nature of the proposed order and allow that person a reasonable opportunity to give or call evidence and make representations on the matter. (5) A person against whom an order for costs is made under subsection (1), (2) or (3) has the same rights of appeal as a party to a civil action. 190—Witness fees Witness fees and expenses in respect of proceedings under this Act are payable in accordance with the regulations. 191—Fees (1) Fees are payable in respect of proceedings under this Act in accordance with the regulations. (2) A court may, if satisfied that proper grounds exist to remit a fee payable under the regulations, remit the fee wholly or in part. (3) This section is in addition to and does not derogate from any other power to set fees in respect of proceedings under this Act. 191A—Review (1) The Attorney‑General must, at the end of 3 years from the commencement of this section, appoint a person recommended by the Chief Justice of the Supreme Court to— (a) conduct an inquiry into the operation of Part 5 Divisions 2, 3, 4 and 5, as enacted by the Summary Procedure (Indictable Offences) Amendment Act 2016, and the related amendments to the sentencing law also enacted by that Act; and (b) prepare a report on the effect (if any) that the operation of those Divisions has had on improving the operation and effectiveness of the criminal justice system. (2) The report must be provided to the Minister who must cause a copy of the report to be laid before each house of Parliament within 3 months after receipt of the report. 192—Regulations (1) The Governor may make regulations for the purposes of this Act. (2) The regulations— (a) may be of general or limited application; and (b) may make different provision according to the persons, things or circumstances to which they are expressed to apply; and (c) may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and (d) may impose a penalty not exceeding $2 500 for a contravention of the regulations. Legislative history Notes • 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. Formerly Justices Act 1921 Summary Procedure Act 1921 Legislation repealed by principal Act The Criminal Procedure Act 1921 repealed the following: An ordinance appointing the fees to be taken by Magistrates in South Australia (No. 4 of 1843) To facilitate the performance of the duties of Justices of the Peace out of sessions with respect to persons charged with indictable offences (No. 15 of 1849) To facilitate the performance of the duties of Justices of the Peace out of sessions with respect to summary convictions and orders (No. 6 of 1850) Minor Offences Procedure Act 1869 An Act to amend the Minor Offences Procedure Act 1869 and The Criminal Law Consolidation Act 1876 (No. 166 of 1880) The Justices Procedure Amendment Act 1883 (No. 298 of 1883) The Magistrates' Fees Amendment Act 1907 (No. 926 of 1907) The Minor Offences Procedure Act Amendment Act 1913 (No. 1127 of 1913) The Justices Procedure (Indictable Offences) Amendment Act 1913 (No. 1133 of 1913) Legislation amended by principal Act The Criminal Procedure Act 1921 amended the following: An Act to amend the Criminal Law (No. 10 of 1854) An Act to enable persons accused of offences to give evidence on oath (No. 245 of 1882) Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Justices Act 1921 7.12.1921 26.7.1922 (Gazette 29.6.1922 p1575) Justices Act Amendment Act 1923 21.11.1923 21.11.1923 Justices Act 1931 9.12.1931 9.12.1931 Criminal Law Consolidation Act 1935 21.12.1935 21.12.1935 Justices Act Amendment Act 1936 23.7.1936 23.7.1936 Justices Act Amendment Act 1943 16.12.1943 16.12.1943 Justices Act Amendment Act 1956 6.12.1956 6.12.1956 Justices Act Amendment Act 1957 14.11.1957 1.2.1958 (Gazette 19.12.1957 p1529) Justices Act Amendment Act 1960 8.9.1960 8.9.1960 Maintenance Act Amendment Act 1965 23.12.1965 27.1.1966 (Gazette 27.1.1966 p145) Juvenile Courts Act 1966 10.2.1966 7.7.1966 (Gazette 7.7.1966 p57) Justices Act Amendment Act 1969 13.11.1969 2.1.1970 (Gazette 18.12.1969 p2019) Justices Act Amendment Act (No. 2) 1969 11.12.1969 31.8.1970 (Gazette 20.8.1970 p696) Justices Act Amendment Act 1972 23.3.1972 30.11.1972 (Gazette 16.11.1972 p2334) Local and District Criminal Courts Act Amendment Act 1972 27.4.1972 9.11.1972 (Gazette 9.11.1972 p2252) Justices Act Amendment Act (No. 2) 1972 2.11.1972 15.2.1973 (Gazette 15.2.1973 p496) Justices Act Amendment Act 1974 Statute Law Revision Act 1974 Justices Act Amendment Act 1975 20.3.1975 20.3.1975 Statute Law Revision Act 1975 Justices Act Amendment Act (No. 2) 1975 22.5.1975 (Gazette 22.5.1975 p1987) Justices Act Amendment Act 1976 Statutes Amendment (Capital Punishment Abolition) Act 1976 Statutes Amendment (Narcotic and Psychotropic Drugs and Justices) Act 1977 11.8.1977 1.9.1977 (Gazette 1.9.1977 p601) Children's Protection and Young Offenders Act 1979 15.3.1979 Sch—1.7.1979 (Gazette 28.6.1979 p1951) Justices Act Amendment Act 1980 Statutes Amendment (Administration of Courts and Tribunals) Act 1981 19.3.1981 1.7.1981 (Gazette 28.6.1981 p1896) Statutes Amendment (Jurisdiction of Courts) Act 1981 23.12.1981 1.2.1982 (Gazette 28.1.1982 p209) Justices Act Amendment Act 1982 as amended by 68/1982 25.3.1982 1.8.1982 (Gazette 15.7.1982 p168) except s 4 (Gazette 30.7.1982 p335)—which will not be brought into operation as the subsection it inserted was subsequently substituted by 66/1983 Justices Act Amendment Act (No. 2) 1982 22.4.1982 3.6.1982 (Gazette 3.6.1982 p1850) Justices Act Amendment Act (No. 3) 1982 1.7.1982 1.7.1982 except ss 3—12—1.8.1982: s 3 Justices Act Amendment Act 1983 13.10.1983 14.11.1983 (Gazette 10.11.1983 p1354) Statutes Amendment (Magistrates) Act 1983 22.12.1983 2.4.1984 (Gazette 22.3.1984 p725) Justices Act Amendment Act 1984 1.1.1985 (Gazette 6.12.1984 p1744) Criminal Law Consolidation Act Amendment Act (No. 2) 1984 Evidence Act Amendment Act (No. 3) 1984 Statutes Amendment (Bail) Act 1985 7.3.1985 7.7.1985 (Gazette 9.5.1985 p1398) Justices Act Amendment Act 1986 10.4.1986 1.7.1986 (Gazette 1.5.1986 p1104) Statutes Amendment (Parole) Act 1986 20.11.1986 8.12.1986 (Gazette 27.11.1986 p1700) Criminal Law Consolidation Act Amendment Act 1986 4.12.1986 1.2.1987 (Gazette 15.1.1987 p52) Local and District Criminal Courts Act Amendment Act 1987 23.4.1987 1.7.1987 (Gazette 28.5.1987 p1384) Criminal Law (Enforcement of Fines) Act 1987 30.4.1987 21.6.1987 (Gazette 4.6.1987 p1430) except ss 5 & 6(4)—(6)—1.11.1987 (Gazette 29.10.1987 p1449) Justices Act Amendment Act 1987 17.9.1987 (Gazette 17.9.1987 p886) Justices Act Amendment Act 1988 10.3.1988 5.5.1988 (Gazette 5.5.1988 p1115) Statutes Amendment and Repeal (Sentencing) Act 1988 5.5.1988 12.5.1988 (Gazette 12.5.1988 p1181) except ss 3 & 4—8.9.1988 (Gazette 8.9.1988 p994) and except ss 5, 6, 12, 15—20, 22—27, 30—39, 41—68, 70—78—1.1.1989 (Gazette 15.12.1988 p2009) Justices Act Amendment Act (No. 2) 1988 Statutes Amendment (Criminal Sittings) Act 1989 4.5.1989 1.1.1990 (Gazette 16.11.1989 p1501) Statutes Amendment (Attorney-General's Portfolio) Act 1991 24.4.1991 6.6.1991 (Gazette 6.6.1991 p1776) Director of Public Prosecutions Act 1991 21.11.1991 6.7.1992 (Gazette 25.6.1992 p1869) Justices Amendment Act 1991 12.12.1991 6.7.1992 (Gazette 2.7.1992 p209) Statutes Amendment (Attorney-General's Portfolio) Act 1992 14.5.1992 6.7.1992 (Gazette 2.7.1992 p209) Summary Procedure (Summary Protection Orders) Amendment Act 1992 26.11.1992 4.3.1993 (Gazette 25.2.1993 p713) except s 5(b) which will not be brought into operation as the words it inserted were subsequently struck out by 62/1993 Statutes Amendment (Courts) Act 1993 27.5.1993 ss 30—40—1.7.1993 (Gazette 24.6.1993 p2047) Summary Procedure (Restraining Orders) Amendment Act 1994 26.5.1994 1.8.1994 (Gazette 14.7.1994 p69) Statutes Amendment (Courts) Act 1994 2.6.1994 9.6.1994 (Gazette 9.6.1994 p1669) Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994 27.10.1994 1.1.1995 (Gazette 8.12.1994 p1942) Statutes Amendment (Attorney-General's Portfolio) Act 1995 27.4.1995 ss 22 & 23—4.5.1995 (Gazette 4.5.1995 p1705) Statutes Amendment (Paedophiles) Act 1995 27.7.1995 30.10.1995 (Gazette 21.9.1995 p783) Statutes Amendment (Recording of Interviews) Act 1995 10.8.1995 Pts 1 & 3—3.3.1996 (Gazette 21.12.1995 p1760) Summary Procedure (Time for Making Complaint) Amendment Act 1996 2.5.1996 3.2.1997 (Gazette 19.12.1996 p1924) Statutes Amendment (Attorney-General's Portfolio) Act 1996 15.8.1996 ss 30—33—17.10.1996 (Gazette 17.10.1996 p1361) Statutes Amendment (Young Offenders) Act 1998 13.8.1998 Pt 3 (s 9)—1.10.1998 (Gazette 10.9.1998 p815) Statutes Amendment (Fine Enforcement) Act 1998 3.9.1998 Pt 9 (ss 44 & 45)—6.3.2000 (Gazette 18.11.1999 p2358) Statutes Amendment (Restraining Orders) Act 1999 1.4.1999 Pt 4 (ss 13—19)—16.5.1999 (Gazette 13.5.1999 p2502) Statutes Amendment and Repeal (Justice Portfolio) Act 1999 5.8.1999 Pt 12 (ss 55 & 56)—3.10.1999 (Gazette 23.9.1999 p1208) Criminal Law Consolidation (Serious Criminal Trespass) Amendment Act 1999 2.12.1999 25.12.1999 (Gazette 23.12.1999 p3668) Criminal Law (Sentencing) (Sentencing Procedures) Amendment Act 2001 Statutes Amendment (Stalking) Act 2001 8.11.2001 Pt 4 (s 6)—13.1.2002 (Gazette 10.1.2002 p4) Statutes Amendment (Courts and Judicial Administration) Act 2001 6.12.2001 Pt 13 (ss 30 & 31)—3.2.2002 (Gazette 24.1.2002 p346) Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002 31.10.2002 Sch 3 (cl 9)—5.7.2003 (Gazette 15.5.2003 p1979) Summary Procedure (Classification of Offences) Amendment Act 2003 Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) Statutes Amendment (Expiation of Offences) Act 2003 4.12.2003 Pt 4 (s 12)—18.12.2003 (Gazette 18.12.2003 p4527) Statutes Amendment (Courts) Act 2004 8.7.2004 Pt 8 (ss 24—26)—1.9.2004 (Gazette 26.8.2004 p3402) Criminal Law Consolidation (Child Pornography) Amendment Act 2004 16.12.2004 Pt 5 (s 10)—30.1.2005 (Gazette 13.1.2005 p67) Statutes Amendment and Repeal (Aggravated Offences) Act 2005 1.12.2005 Pt 7 (ss 29 & 30)—15.5.2006 (Gazette 20.4.2006 p1127) Statutes Amendment (Criminal Procedure) Act 2005 8.12.2005 Pt 6 (ss 13 & 14)—1.3.2007 (Gazette 1.3.2007 p672) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 73 (ss 227—234)—4.9.2006 (Gazette 17.8.2006 p2831) Statutes Amendment (Justice Portfolio) Act 2006 14.12.2006 Pt 30 (ss 63—66)—18.1.2007 (Gazette 18.1.2007 p234) Summary Procedure (Paedophile Restraining Orders) Amendment Act 2007 11.10.2007 9.12.2007 (Gazette 29.11.2007 p4382) Statutes Amendment (Evidence and Procedure) Act 2008 17.4.2008 Pt 6 (ss 25 & 26)—23.11.2008 (Gazette 20.11.2008 p5171) Criminal Law Consolidation (Rape and Sexual Offences) Amendment Act 2008 17.4.2008 Sch 1 (cl 6)—23.11.2008 (Gazette 20.11.2008 p5171) Statutes Amendment (Property Offences) Act 2009 17.9.2009 Pt 3 (s 7)—20.12.2009 (Gazette 17.12.2009 p6351) Statutes Amendment (Children's Protection) Act 2009 Pt 4 (ss 8—19)—1.8.2010 (Gazette 17.6.2010 p3077) Statutes Amendment (Public Sector Consequential Amendments) Act 2009 Pt 151 (s 346)—1.2.2010 (Gazette 28.1.2010 p320) Intervention Orders (Prevention of Abuse) Act 2009 9.12.2011 (Gazette 20.10.2011 p4269) except Sch 1 (cll 20(2), 22, 23 (insofar as it deletes s 99A), 24, 27(1), 28—30 & 33)—will not be brought into operation Statutes Amendment (Budget 2011) Act 2011 4.8.2011 Pt 5 (s 18)—1.7.2012 (Gazette 20.10.2011 p4270) Statutes Amendment (Serious and Organised Crime) Act 2012 10.5.2012 Pt 12 (ss 49 & 50)—17.6.2012 (Gazette 14.6.2012 p2756) Statutes Amendment (Courts Efficiency Reforms) Act 2012 22.11.2012 Pt 13 (ss 36—42)—1.7.2013 (Gazette 16.5.2013 p1541) Statutes Amendment (Fines Enforcement and Recovery) Act 2013 1.8.2013 Pt 10 (s 47)—3.2.2014 (Gazette 30.1.2014 p422) Statutes Amendment (Vulnerable Witnesses) Act 2015 6.8.2015 Pt 6 (ss 30 & 31)—1.7.2016 (Gazette 23.6.2016 p2618) Statutes Amendment (Attorney-General's Portfolio) Act 2016 Pt 14 (ss 33—35)—16.6.2016: s 2(1) Summary Procedure (Abolition of Complaints) Amendment Act 2016 29.9.2016 Pt 2 (ss 4—49) & Sch 1 (cl 2)—3.10.2017 (Gazette 1.8.2017 p3039) Statutes Amendment (Courts and Justice Measures) Act 2016 Pt 8 (s 14)—8.12.2016: s 2(1) Statutes Amendment (South Australian Employment Tribunal) Act 2016 Pt 19 (ss 136 & 137)—1.7.2017 (Gazette 16.5.2017 p1221) Summary Procedure (Indictable Offences) Amendment Act 2017 14.6.2017 Pt 2 (ss 4—10), Sch 1 & Sch 2 (cl 41)—5.3.2018 (Gazette 12.12.2017 p4961) (20 of the amendments purportedly made by Schedule 1 are of no effect because of amendments made by 36 of 2017 that came into operation on 4.3.2018) Summary Procedure (Service) Amendment Act 2017 22.8.2017 Pt 2 (ss 4—17)—4.3.2018 (Gazette 23.1.2018 p283) Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2017 Pt 8 (ss 14 & 15)—24.10.2017 Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 12.12.2017 Pt 20 (ss 130 & 131)—22.10.2018 (Gazette 19.12.2017 p5119) Fines Enforcement and Debt Recovery Act 2017 12.12.2017 Sch 1 (cl 32)—30.4.2018 (Gazette 6.2.2018 p609) Criminal Procedure (Miscellaneous) Amendment Act 2018 Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019 19.9.2019 Pt 4 (s 10)—7.11.2019 (Gazette 31.10.2019 p3618) Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Sch 1 (cll 12 to 37)—1.1.2021 (Gazette 10.12.2020 p5638) Statutes Amendment (Sentencing) Act 2020 22.10.2020 Pt 2 (ss 4 to 6)—2.11.2020 (Gazette 29.10.2020 p4927) Statutes Amendment (Transport Portfolio) Act 2021 20.5.2021 Pt 2 (s 4)—11.5.2023 (Gazette 11.5.2023 p929) Statutes Amendment (Child Sexual Abuse) Act 2021 9.12.2021 Pt 3 (ss 9 to 11)—1.6.2022 (Gazette 17.2.2022 p490) Statutes Amendment (Stealthing and Consent) Act 2022 8.12.2022 Pt 3 (ss 4 & 5)—8.3.2023 (Gazette 2.3.2023 p464) Criminal Procedure (Monitoring Orders) Amendment Act 2022 8.12.2022 18.12.2022 (Gazette 15.12.2022 p6904) Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2023 23.2.2023 Pt 7 (s 12)—22.6.2023 (Gazette 15.6.2023 p1774) Statutes Amendment (Identity Theft) Act 2024 19.9.2024 Pt 3 (s 8)—1.4.2025 (Gazette 13.2.2025 p138) Children and Young People (Safety and Support) Act 2025 12.6.2025 Sch 2 (cll 15 & 16)—uncommenced Provisions amended since 3 February 1976 • Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 5 of The Public General Acts of South Australia 1837-1975 at page 316. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 72/1991 s 3 amended by 18/2017 s 4 Pt 1 s 1 substituted by 72/1991 s 4 amended by 18/2017 s 5 s 2 deleted by 72/1991 s 5 s 3 amended by 46/1982 s 3 3.6.1982 amended by 68/1982 s 4 substituted by 51/1988 s 42 deleted by 72/1991 s 5 s 4 s 4(1) answer charge hearing inserted by 18/2017 s 6(1) case statement inserted by 18/2017 s 6(1) clerk substituted by 26/1982 s 3(a) deleted by 72/1991 s 6(a) the Chief Magistrate inserted by 108/1983 s 4(a) cognitive impairment inserted by 28/2016 s 33(1) complaint amended by 72/1991 s 6(b) deleted by 43/2016 s 4 Court inserted by 72/1991 s 6(c) deleted by 18/2017 s 6(2) court of summary jurisdiction or court deleted by 72/1991 s 6(c) defence case statement inserted by 18/2017 s 6(2) defendant amended by 20/1994 s 3(a) district District Criminal Court fine deleted by 51/1988 s 43(a) firearms order inserted by 20/1994 s 3(b) deleted by 18/2017 Sch 1 foreign restraining order inserted by 20/1994 s 3(b) Full Court inserted by 18/2017 s 6(3) deleted by 45/2019 Sch 1 cl 12 gaol deleted by 51/1988 s 43(b) group 1 offence group 2 offence group 3 offence guardian deleted by 20/1994 s 3(c) the Industrial Court deleted by 44/2006 s 63(3) industrial magistrate substituted by 44/2006 s 63(1) deleted by 63/2016 s 136(1) industrial offence substituted by 72/1991 s 6(e) deleted by 63/2016 s 136(2) investigating officer inserted by 65/1995 s 8 interstate summary protection order inserted by 75/1992 s 3(a) deleted by 20/1994 s 3(d) justice deleted by 44/2006 s 63(2) justices deleted by 72/1991 s 6(f) keeper of a gaol deleted by 51/1988 s 43(c) major offence inserted by 66/1983 s 3 deleted by 72/1991 s 6(g) major indictable offence inserted by 72/1991 s 6(g) minor indictable offence substituted by 109/1981 s 44(a) substituted by 72/1991 s 6(h) offence of violence inserted by 72/1991 s 6(h) amended by 62/2005 s 29 passage for trial deleted by 72/1991 s 6(p) personal service inserted by 26/1982 s 3(b) substituted by 36/2017 s 4(1) the Principal Registrar prosecution case statement inserted by 18/2017 s 6(4) the Registrar inserted by 68/1982 s 5 amended by 33/1987 s 5 1.7.1987 deleted by 72/1991 s 6(i) Registrar relevant family contact order inserted by 67/1996 s 30 deleted by 85/2009 Sch 1 cl 20(1) restraining order inserted by 20/1994 s 3(e) substituted by 51/1995 s 4 substituted by 78/2009 s 8 rules