Part 7Miscellaneous provisions

Part 7—Miscellaneous provisions 110C—Immunities (1) An Associate Justice, judicial registrar, mediator or assessor has the same privileges and immunities from liability as a judge. (2) A non‑judicial officer of the court incurs no civil or criminal liability for an honest act or omission in carrying out or purportedly carrying out official functions. 111—Rules as to division of loss upon collision at sea (1) Where, by fault of two or more vessels, damage or loss is caused to one or more vessels, to their cargoes or freight, or to any property on board, the liability to make good the damage or loss shall be in proportion to the degree in which each vessel was in fault: Provided that, if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally. (2) Nothing in this section shall operate so as to render any vessel liable for any loss or damage to which her fault has not contributed. (3) Nothing in this section shall affect the liability of any person under a contract of carriage or any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law or as affecting the right of any person to limit his liability in manner provided by law. (4) For the purposes of this section, the expression freight includes passage money and hire, and references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses consequent upon that fault, recoverable at law by way of damages. 112—Damages for personal injuries (1) Where loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of that vessel and of any other vessel or vessels, the liability of the owners of the vessels shall be joint and several. (2) Nothing in this section shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured or any person or persons entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law. 113—Right of contribution (1) Where loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of that vessel, and any other vessel or vessels, and a proportion of the damages is recovered against the owner of one of the vessels which exceeds the proportion in which she was in fault, he may recover by way of contribution the amount of the excess from the owners of the other vessels to the extent to which those vessels were respectively in fault: Provided that no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor. (2) In addition to any other remedy provided by law, the persons entitled to any contribution as provided by subsection (1) of this section shall, for the purpose of recovering the contribution, have subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance. 114—Interest on judgment debts (1) All money, including costs, payable under any judgment or order shall bear interest at the rate from time to time prescribed by the rules of court. (2) The interest shall be computed from the following times: (a) in the case of money other than adjudicated costs, from the time specified in the judgment or order, and if no time is so specified from the date of the judgment or order; (b) in the case of adjudicated costs, from the date of the certificate of the adjudicating officer by whom the costs were adjudicated or an earlier date specified by the adjudicating officer in the certificate. 117—Orders to bring prisoners for examination (1) Any sheriff, gaoler, or other officer, having the custody of any prisoner, whose evidence is required in any action, trial, or proceeding, civil or criminal, shall upon receiving an order of a judge for that purpose, take such prisoner for examination before the court, or any judge thereof, or before any official or arbitrator or other person appointed to take any examination. (2) Such an order may be obtained upon affidavit by the party requiring the attendance of such prisoner, and shall set forth the time when and place where such prisoner is to be taken for the purpose of the examination. (3) The officer so ordered as aforesaid shall be entitled to be paid the like travelling and other expenses, and compensation for loss of time, as upon attendance at a trial. 118—Legal process (1) Any process of the court may be issued, served or executed on a Sunday as well as any other day. (2) The validity of process is not affected by the fact that the person who issued it dies or ceases to hold office. 118A—Service (1) If it is not practicable to serve any process, notice or other document relating to civil or criminal proceedings in the manner otherwise prescribed or contemplated by law, the court may, by order— (a) provide for service by post; or (b) make any other provision that may be necessary or desirable for service. (2) Any process, notice or other document served in accordance with an order under subsection (1) will, despite any other law, be taken to have been duly served. 119—Suitors' funds to vest in registrar All suitors' funds shall be vested in the registrar on behalf of the court and shall be dealt with by him in accordance with this Act and the rules of court, and any order of the court or a judge. 120—Securities in court All securities standing in court or at any time deposited in court shall be held by the registrar in trust to apply the same in accordance with law. 121—Liability of Treasurer for default of registrar (1) The Treasurer shall be liable to make good to the suitors of the court all suitors' funds and securities in court, and for that purpose may by authority of this Act, and without any further appropriation, make any necessary payments out of the general revenue of the State. (2) If the Chief Justice certifies to the Treasurer in writing that the registrar has failed to pay any money in court or to transfer or deliver any securities in court required by law or by any order of the court to be paid, transferred, or delivered by him, or has been guilty of any default with respect to any such money or securities, the Treasurer shall pay out of the general revenue to such persons as are named by the Chief Justice in the certificate, such sums as the Chief Justice certifies in writing to be required for the purpose of paying the money so required to be paid or of replacing the securities so required to be transferred or delivered, or of making good such default. 122—Banking and investment of suitors' funds (1) All suitors' funds shall, as soon as practicable after payment into, or deposit in court, be paid into the Treasury or an ADI in Adelaide. (2) Such funds or such part thereof as the rules direct shall be invested in such manner and at such times as the rules of court prescribe. (3) The interest or other income from such investment shall be dealt with as prescribed by rules of court. (4) Until rules of court are made under this section the law and practice relating to the deposit, payment, delivery and transfer in into and out of court of suitors' funds and securities which belong to suitors, shall continue as at the commencement of this Act. 123—Investments made under order of the court Any money in court which under the rules of court or under the order of the court is required to be laid out in any particular investment shall be so laid out notwithstanding anything in this Act. 124—Validity of payments etc pursuant to rules of court All acts done by the registrar with reference to funds in court pursuant to and in accordance with rules of court shall be as valid and effectual as if they had been done in pursuance of an order of the court. 125—Remittances by post Where by rules of court the registrar is authorised to make payments of money to persons entitled thereto upon their request by transmitting to them by post crossed cheques or other documents intended to enable them to obtain payment of the sums expressed therein, the posting of a letter containing the cheque or document and addressed to the person entitled thereto at the address given by him in his request shall, as respects the liability of the registrar and of the Treasurer respectively, be equivalent to the delivery of the cheque or document to that person himself. 126—Power to appoint deputies In sections 120 to 126, inclusive, the term registrar shall not include an acting registrar, but the registrar may do any act, sign or execute any instrument and exercise any authority required or authorised to be done, signed, executed, or exercised by him in relation to suitors' funds, by a deputy of the registrar appointed by the Chief Justice. 126A—Certain trials of sexual offences to be given priority (1) The court will give the necessary directions to ensure that a trial of a sexual offence where the alleged victim of the offence is a person to whom this section applies is given priority over any less urgent criminal trial and is dealt with as expeditiously as the proper administration of justice allows. (2) In this section— person to whom this section applies means— (a) a child; or (b) a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions; sexual offence means— (a) rape; or (b) indecent assault; or (c) any offence involving unlawful sexual intercourse or an act of gross indecency; or (d) incest; or (e) any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or (ea) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or (f) any attempt to commit, or assault with intent to commit, any of the offences referred to in a preceding paragraph. 126B—Death or incapacity of judge during trial If, during the course of a civil or criminal trial, the presiding judge dies or is incapacitated— (a) if reasons for judgment in final form were prepared by the presiding judge—another judge appointed by the Chief Justice may publish the reasons and grant judgment in accordance with them; or (b) in any other case—another judge appointed by the Chief Justice may complete the hearing and determination of the proceeding and— (i) rehear evidence and submissions to the extent that the judge thinks fit; and (ii) make orders as appropriate. 127—Rules of Court The judges may make rules of court in accordance with the provisions for making rules of court contained in this Act for regulating— (a) the deposit, payment, delivery and transfer in, into, and out of court of money and securities which belong to suitors or are otherwise capable of being deposited in or paid or transferred into court or under the custody of the court; and (b) the investment of and other dealings with money and securities in court; and (c) the disposal of the interest or other income from such investments; and (d) the execution of the orders of the court and the powers and duties of the registrar with reference to such money and securities; and (e) any other matters incidental to or connected with the matters previously mentioned in this section. 128—Payment to the Treasurer of unclaimed suitors' funds (1) In the month of July in every year the registrar shall pay to the Treasurer, as part of the general revenue of the State, all suitors' funds which, on the first day of that month, have been unclaimed for the period of six years next preceding. (2) Such moneys shall not be afterwards claimable from the Treasurer unless the court otherwise orders. 129—Party subsequently claiming may petition the Supreme Court etc (1) If at any time after any such money has been so paid to the Treasurer, any person applies to the court, by summons, for the payment to him of that money or any part thereof, and the court is satisfied upon affidavit or other sufficient evidence adduced that the applicant is entitled to the whole or any part of the money claimed by him, the court shall make an order for payment of the sum to which the applicant is entitled, with or without such additional amount as would have accrued (whether as interest or otherwise) had that sum been retained by the court from the time when it was paid to the Treasurer to the time of the court order. (2) On any such order being served on the Treasurer he shall issue and pay the money mentioned in the order to the persons to whom it is payable by virtue of the order, and the receipt of any person to whom any such money is so paid shall be a full and valid discharge for the sum stated in the receipt to have been received. 130—Court fees (1) The Governor may, by regulation, prescribe and provide for the payment of fees in respect of proceedings in the court, or any step in such proceedings. (1a) Without limiting the generality of subsection (1), the regulations may provide for all or any of the following matters: (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to value, time, class of matter, or on any other basis; (e) fees that differ for different classes of proceedings, different classes of party or different jurisdictions of the court; (f) the manner of payment of fees; (g) the time or times at which fees are to be paid, and it is not necessary for a fee to be related to the actual administrative cost incurred. (1b) The regulations may— (a) be of general or limited application; and (b) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (c) provide in a specified case or class of case for the exemption of any proceeding, person or thing, or a class of proceeding, person or thing, from any of the provisions of the regulations, whether— (i) unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified; and (d) provide for the payment in advance of a fee or part of a fee prescribed under the regulations; and (e) provide for the reduction, waiver, postponement, remission or refund, in whole or in part, of a fee prescribed under the regulations; and (f) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of a fee prescribed under the regulations which was reduced, waived, postponed, remitted or refunded under the regulations; and (g) confer a discretionary authority or impose a duty on the court, a member of the court's judiciary or the registrar. (2) The court may remit or reduce a fee on account of the poverty of the party by whom the fee is payable or for any other proper reason. 131—Accessibility to court records (1) Subject to this section, the court must, on application by any member of the public, allow the applicant to inspect or obtain a copy of— (aa) any process relating to proceedings and forming part of the court's records; (a) a transcript of evidence taken by the court in any proceedings; (b) any documentary material admitted into evidence in any proceedings; (c) a transcript of submissions by counsel; (d) a transcript of the judge's summing up or directions to the jury, in a trial by jury; (e) a transcript of reasons for judgment (including remarks made by the court on passing sentence); (f) a judgment or order given or made by the court. (2) A member of the public may inspect or obtain a copy of the following material only with the permission of the court: (a) material that was not taken or received in open court; (b) material that the court has suppressed from publication; (ba) sensitive material in the custody of the court; (c) material placed before the court during sentencing proceedings; (d) documentary material filed in connection with committal proceedings; (e) a transcript of any oral evidence taken at committal proceedings; (f) a photograph, slide, film, video tape, audio tape or other form of recording from which a visual image or sound can be produced; (fa) a report prepared to assist the court in determining a person's eligibility for, or progress in, an intervention program (within the meaning of the Bail Act 1985 or the Sentencing Act 2017 or the Intervention Orders (Prevention of Abuse) Act 2009); (g) material of a class prescribed by the regulations. (3) The court may permit inspection or copying of material referred to in subsection (2) subject to any of the following conditions: (a) a condition that material that is sensitive material will be available for examination under the supervision of the court at a place specified in the notice and at a time to be arranged; (b) a condition limiting the publication or use of the material; (c) any other condition that the court considers appropriate. (4) A decision by the court on an application under this section is administrative and is final and not subject to any form of review. (4a) Despite the preceding subsections, if 100 years have passed since the end of the calendar year in which material referred to in this section became part of the court's records— (a) in the case of records that have been delivered into the custody of State Records—section 26 of the State Records Act 1997 applies (to the exclusion of this section) to the giving of access to the records; and (b) in any other case—a member of the public may, without any requirement to seek permission of the court, be given access to the records. (5) The court may charge a fee, fixed by regulation, for inspection or copying of material under this section. sensitive material—see section 67H of the Evidence Act 1929. Schedule—Acts repealed Number and year of Act Short or long title of Act Extent of repeal 15 of 1842 An Act to regulate the Appointment and the Duties of the Sheriff of the Province of South Australia 3 of 1843 An Ordinance to amend an Ordinance intituled "An Act to regulate the Appointment and Duties of the Sheriff of the Province of South Australia" 9 of 1845 An Ordinance for adopting in South Australia certain parts of an Act made and passed in the Imperial Parliament which was held in the First and Second Years of the Reign of Her present Majesty intituled "An Act for abolishing Arrest on mesne Process in Civil Actions, except in certain cases; for extending the remedies of Creditors against the property of Debtors; and for amending the laws for the relief of Insolvent Debtors in England 14 of 1845 An Ordinance to provide for the performance of certain matters in the Supreme Court during the occasional absence of the Judge at a distance from Adelaide 20 of 1852 An Act to enable the Sheriff to appoint a Deputy to perform the Duties of his Office, and to abolish the Poundage now payable on taking the body in execution 5 of 1853 Supreme Court Procedure Amendment Act The whole except sections 162–172, inclusive 6 of 1853 An Act to give relief to Persons having Claims against the Local Government of South Australia by authorising them to try the validity of such Claims in a Court of Law or Equity 24 of 1855–6 The Supreme Court Procedure Act 1855 30 of 1855–6 An Act to facilitate Actions against Persons absent from the colony and against persons sued as Joint Contractors 31 of 1855–6 An Act to consolidate the several Ordinances relating to the establishment of the Supreme Court of the Province of South Australia 4 of 1858 The Summary Procedure on Bills of Exchange Act 1858 5 of 1858 Supreme Court Procedure Further Amendment Act of 1858 13 of 1858 The Third Judge and District Courts 23 of 1859 An Act to provide for the appointment of Commissioners to take Affidavits as well in South Australia as elsewhere, to be made use of in the Supreme Court of South Australia and for the more easy Administration of Oaths to persons appointed to act as Justices of the Peace in South Australia 5 of 1861 An Act to amend the Laws regulating the Court of Appeals of the Province of South Australia, and to extend the Powers thereof 3 of 1862 The Common Law Procedure Act 1862 The whole, except sections 1, 2, and 3 15 of 1865 The Court of Appeals Amendment Act 1865 12 of 1865–6 An Act to provide for the more speedy administration of justice by means of the Supreme Court 2 of 1866 An Act to protect certain persons from actions by reason of their being elected to Parliament while members of the Court of Appeals 7 of 1866 An Act to regulate and amend the Practice and Procedure of the Supreme Court of the Province of South Australia in its Revenue Jurisdiction The whole, except sections 15 and 26 20 of 1866–7 The Equity Act 1866 The whole, except sections 150 and 151 8 of 1867 Supreme Court Act 1867 6 of 1868–9 An Act to repeal Act No. 11 of 1866–7 intituled "An Act to amend The Third Judge and Districts Courts Act, and for other purposes" and to make further provision for the trial of Causes, and trial of Offences at places remote from the Supreme Court 7 of 1868–9 An Act to amend the "Supreme Court Act 1867" 23 of 1870–71 An Act to fix the tenure of office of the Primary Judge in Equity, and to provide for the performance of the duties of the office of Primary Judge in Equity in certain cases 28 of 1873 An Act to increase the salaries of the Judges of the Supreme Court, and of certain officers of the Civil Service of the Province of South Australia 116 of 1878 Supreme Court Act 1878 The whole, except paragraphs I-VII, inclusive, of section 6 120 of 1878 An Act to amend "The Equity Act 1866" 286 of 1883 An Act to amend "The Third Judge and District Courts Act" and the Act No. 6 of 1868–9 514 of 1891 The Suitors Unclaimed Funds Act 1891 1358 of 1919 Fourth Judge Act 1919 1564 of 1923 Acts Interpretation Act Amendment Act 1923 1739 of 1926 Supreme Court Act Amendment Act 1926 1761 of 1926 Fifth Judge Act 1926 1864 of 1928 Supreme Court Act 1928 Legislative history Notes • 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 Supreme Court Act 1935 21.12.1935 1.11.1937 (Gazette 25.3.1937 p646) Statute Law Revision Act 1936 8.10.1936 8.10.1936 Supreme Court Act Amendment Act 1944 14.12.1944 14.12.1944 Supreme Court Act Amendment Act 1947 4.12.1947 4.12.1947 Supreme Court Act Amendment Act 1951 6.9.1951 1.7.1951: s 4 Supreme Court Act Amendment Act 1952 16.10.1952 16.10.1952 Supreme Court Act Amendment Act 1953 17.12.1953 17.12.1953 Statutes Amendment (Public Salaries) Act 1955 23.6.1955 1.6.1955: s 16(2) Supreme Court Act Amendment Act 1955 30.9.1955 30.9.1955 Supreme Court Act Amendment Act 1958 27.11.1958 1.7.1958: s 4 Supreme Court Act Amendment Act 1960 24.11.1960 24.11.1960 Supreme Court Act Amendment Act (No. 2) 1960 1.12.1960 1.12.1960 Supreme Court Act Amendment Act 1962 15.11.1962 15.11.1962 Supreme Court Act Amendment Act 1963 21.11.1963 21.11.1963 Supreme Court Act Amendment Act 1965 23.9.1965 23.9.1965 Supreme Court Act Amendment Act (No. 2) 1965 9.12.1965 9.12.1965 Supreme Court Act Amendment Act (No. 1) 1966 1.12.1966 12.1.1967 (Gazette 12.1.1967 p51) Supreme Court Act Amendment Act 1967 30.3.1967 30.3.1967 Supreme Court Act Amendment Act (No. 2) 1967 13.4.1967 22.6.1967 (Gazette 22.6.1967 p1850) Supreme Court Act Amendment Act 1969 27.2.1969 27.2.1969 Supreme Court Act Amendment Act (No. 2) 1969 26.6.1969 26.6.1969 Supreme Court Act Amendment Act (No. 3) 1969 4.12.1969 21.5.1970 (Gazette 21.5.1970 p1842) Supreme Court Act Amendment Act 1970 Supreme Court Act Amendment Act (No. 2) 1970 Supreme Court Act Amendment Act (No. 3) 1970 10.12.1970 1.1.1971 (Gazette 10.12.1970 p2646) Judges' Pensions Act 1971 22.4.1971 1.5.1971 (Gazette 22.4.1971 p2186) Supreme Court Act Amendment Act 1971 26.8.1971 26.8.1971 Statutes Amendment (Judges' Salaries) Act 1972 Supreme Court Act Amendment Act 1972 9.11.1972 (Gazette 9.11.1972 p2254) Crown Proceedings Act 1972 20.4.1972 14.12.1972 (Gazette 14.12.1972 p2630) Statutes Amendment (Judges' Salaries) Act 1974 21.3.1974 21.3.1974 Supreme Court Act Amendment Act 1974 28.3.1974 20.6.1974 (Gazette 20.6.1974 p2450) Statutes Amendment (Judges' Salaries) Act 1975 Statute Law Revision Act 1975 Supreme Court Act Amendment Act 1978 26.10.1978 Sheriff's Act 1978 30.11.1978 Supreme Court Act Amendment Act 1980 Statutes Amendment (Administration of Courts and Tribunals) Act 1981 19.3.1981 1.7.1981 (Gazette 25.6.1981 p1896) Supreme Court Act Amendment Act 1982 Judicial Remuneration Act 1982 14.10.1982 28.10.1982 (Gazette 28.10.1982 p1214) Supreme Court Act Amendment Act 1983 Supreme Court Act Amendment Act (No. 2) 1983 Statutes Amendment (Oaths and Affirmations) Act 1984 24.5.1984 1.7.1984 (Gazette 28.6.1984 p1897) Statutes Amendment (Bail) Act 1985 7.3.1985 7.7.1985 (Gazette 9.5.1985 p1398) Statutes Amendment (Remuneration) Act 1985 30.5.1985 13.6.1985 (Gazette 13.6.1985 p2132) Statutes Amendment (Courts) Act 1985 6.6.1985 1.8.1985 (Gazette 11.7.1985 p92) Commercial Arbitration Act 1986 18.12.1986 9.7.1987 (Gazette 9.7.1987 p57) Supreme Court Act Amendment Act 1987 19.11.1987 19.11.1987 Judicial Administration (Auxiliary Appointments and Powers) Act 1988 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) Statutes Repeal and Amendment (Courts) Act 1991 12.12.1991 Statutes Amendment (Courts) Act 1993 27.5.1993 Pt 2 (s 5)—1.7.1993 (Gazette 24.6.1993 p2047); Pt 2 (s 4)—28.10.1993 (Gazette 27.10.1993 p1892) Statutes Amendment (Abolition of Compulsory Retirement) Act 1993 21.10.1993 1.1.1994: s 2 Statutes Amendment (Attorney-General's Portfolio) Act 1994 26.5.1994 7.7.1994 (Gazette 7.7.1994 p4) Statutes Amendment (Courts) Act 1994 2.6.1994 9.6.1994 (Gazette 9.6.1994 p1669) Statutes Amendment (Recording of Interviews) Act 1995 10.8.1995 Sch (cll 2—4)— 21.12.1995 (Gazette 21.12.1995 p1760) Statutes Amendment (Courts) Act 1995 30.11.1995 21.12.1995 (Gazette 21.12.1995 p1759) Statutes Amendment (Courts Administration Staff) Act 1995 30.11.1995 14.12.1995 (Gazette 14.12.1995 p1641) Statutes Amendment (Mediation, Arbitration and Referral) Act 1996 27.6.1996 30.9.1996 (Gazette 29.8.1996 p808) Statutes Amendment (Attorney-General's Portfolio) Act 1996 15.8.1996 Pt 17 (ss 34—36)—17.10.1996 (Gazette 17.10.1996 p1361) Supreme Court (Rules of Court) Amendment Act 1999 11.3.1999 23.4.1999 (Gazette 22.4.1999 p2171) Financial Sector Reform (South Australia) Act 1999 17.6.1999 Sch (item 57)—1.7.1999 being the date specified under s 3(16) of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 of the Commonwealth as the transfer date for the purposes of that Act: s 2 Statutes Amendment (Magistrates Court Appeals) Act 1999 18.11.1999 Pt 3 (s 6)—3.1.2000 (Gazette 9.12.1999 p3114) Statutes Amendment (Courts and Judicial Administration) Act 2001 6.12.2001 Pt 14 (s 32)—13.1.2002 (Gazette 10.1.2002 p4) Statutes Amendment (Structured Settlements) Act 2002 5.9.2002 Pt 4 (s 6)—1.12.2002 (Gazette 7.11.2002 p4043) Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) Statutes Amendment (Courts) Act 2004 8.7.2004 Pt 9 (s 27)—1.9.2004 (Gazette 26.8.2004 p3402) Statutes Amendment (Intervention Programs and Sentencing Procedures) Act 2005 27.10.2005 Pt 6 (s 14)—19.12.2005 (Gazette 15.12.2005 p4326) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 2 (ss 4—15)—4.9.2006 (Gazette 17.8.2006 p2831) Statutes Amendment (Domestic Partners) Act 2006 14.12.2006 Pt 86 (s 212)—1.6.2007 (Gazette 26.4.2007 p1352) Statutes Amendment (Evidence and Procedure) Act 2008 17.4.2008 Pt 7 (ss 27 & 28)—23.11.2008 (Gazette 20.11.2008 p5171) Intervention Orders (Prevention of Abuse) Act 2009 10.12.2009 Sch 1 (cl 34)—9.12.2011 (Gazette 20.10.2011 p4269) Statutes Amendment (Attorney-General's Portfolio) Act 2012 24.5.2012 Pt 12 (s 24)—5.8.2012 (Gazette 2.8.2012 p3302) Statutes Amendment (Appeals) Act 2013 28.3.2013 Pt 4 (ss 13 & 14) & Sch 1—5.5.2013 (Gazette 26.4.2013 p1185) Statutes Amendment (Attorney-General's Portfolio) Act 2013 Pt 13 (s 28)—18.4.2013 (Gazette 18.4.2013 p1155); s 29—9.6.2013 (Gazette 6.6.2013 p2498) Statutes Amendment (Attorney-General's Portfolio No 2) Act 2013 24.10.2013 Pt 8 (ss 11—13)—17.5.2014 (Gazette 8.5.2014 p1630) Return to Work Act 2014 6.11.2014 Sch 9 (cl 7)—1.7.2015 (Gazette 4.12.2014 p6610) Statutes Amendment (Vulnerable Witnesses) Act 2015 6.8.2015 Pt 7 (s 32)—1.7.2016 (Gazette 23.6.2016 p2618) Statutes Amendment and Repeal (Budget 2015) Act 2015 Pt 13 (s 54)—26.11.2015: s 2(1) Statutes Amendment (Judicial Registrars) Act 2017 11.4.2017 Pt 5 (ss 32—42)—23.5.2017 (Gazette 23.5.2017 p1725) Statutes Amendment (Registered Relationships) Act 2017 26.4.2017 Pt 14 (s 22)—1.8.2017 (Gazette 1.8.2017 p3039) Summary Procedure (Indictable Offences) Amendment Act 2017 14.6.2017 Sch 2 (cll 32, 33 & 41)—5.3.2018 (Gazette 12.12.2017 p4961) Statutes Amendment (Court Fees) Act 2017 28.11.2017 Pt 5 (s 7)—5.3.2018 (Gazette 23.1.2018 p282) Statutes Amendment (Sentencing) Act 2017 28.11.2017 Pt 21 (s 32)—30.4.2018 (Gazette 6.2.2018 p612) Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019 Pt 16 (s 24)—19.9.2019: s 2(1) Supreme Court (Court of Appeal) Amendment Act 2019 19.12.2019 Pt 2 (ss 4 to 20) & Sch 1 (cl 89)—1.1.2021 (Gazette 10.12.2020 p5638) Statutes Amendment (Bail Authorities) Act 2020 11.6.2020 Pt 5 (s 12)—1.1.2021 (Gazette 17.12.2020 p5744) Succession Act 2023 25.10.2023 Sch 2 (cl 11)—1.1.2025 (Gazette 27.6.2024 p1894) Supreme Court (Distribution of Business) Amendment Act 2024 13.6.2024 30.8.2024 (Gazette 29.8.2024 p2996) Statutes Amendment (Attorney-General's Portfolio) Act 2024 27.6.2024 Pt 8 (ss 35 to 51)—26.8.2024 (Gazette 22.8.2024 p2871) Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025 12.3.2025 Pt 12 (s 21)—26.5.2025 (Gazette 22.5.2025 p1243) 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 10 of The Public General Acts of South Australia 1837-1975 at page 718. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt A1 heading inserted by 44/2003 s 3(1) (Sch 1) s 1 amended by 44/2003 s 3(1) (Sch 1) s 2 amended by 34/1981 s 5 omitted under Legislation Revision and Publication Act 2002 s 5 s 5(1) s 5 redesignated as s 5(1) by 34/1981 s 6(e) Associate Justice inserted by 23/2024 s 35(1) Court of Appeal inserted by 45/2019 s 4(1) evidentiary material inserted by 84/1995 s 19 Full Court amended by 9/2013 s 13 amended by 47/2013 s 11 amended by 18/2017 Sch 2 cl 32 deleted by 45/2019 s 4(2) judge amended by 45/2019 s 4(3) judicial registrar inserted by 10/2017 s 32(1) jurisdiction substituted by 34/1981 s 6(a) amended by 23/2024 s 35(2) master substituted by 34/1981 s 6(b) deleted by 23/2024 s 35(3) petitioner deleted by 17/2006 s 4(1) plaintiff substituted by 17/2006 s 4(2) pleading amended by 17/2006 s 4(3) President inserted by 45/2019 s 4(4) registrar inserted by 34/1981 s 6(c) amended by 10/2017 s 32(2) suitors' funds substituted by 34/1981 s 6(d) s 5(2) inserted by 34/1981 s 6(e) amended by 23/2024 s 35(4), (5) Pt 1 s 6A inserted by 45/2019 s 5 s 7 substituted by 34/1981 s 7 s 7(1) substituted by 10/2017 s 33(1) substituted by 45/2019 s 6 s 7(1a) inserted by 45/2019 s 6 s 7(2) substituted by 10/2017 s 33(2) s 7(4) inserted by 69/1991 s 9(a) amended by 23/2024 s 36(2) s 8 amended by 23/2024 s 37(1) s 8(1a) inserted by 45/2019 s 7 s 8(3) inserted by 34/1981 s 8 amended by 23/2024 s 37(2) s 8(4) inserted by 95/1988 Sch 1 amended by 23/2024 s 37(3) s 9 substituted by 34/1981 s 9 s 9(1) amended by 45/2019 s 8 s 9(2) amended by 23/2024 s 38(1) s 9(3) amended by 23/2024 s 38(2) s 9A inserted by 67/1996 s 34 s 9B inserted by 45/2019 s 9 s 10 substituted by 11/2013 s 28 substituted by 45/2019 s 10 s 11 substituted by 34/1981 s 10 amended by 23/2024 s 39(1) s 11(1) substituted by 70/1985 s 3(a) amended by 45/2019 s 11(1) amended by 23/2024 s 39(2), (3) s 11(1a) inserted by 70/1985 s 3(a) substituted by 95/1988 Sch 1 amended by 45/2019 s 11(2) s 11(1b) inserted by 95/1988 Sch 1 s 11(2) amended by 23/2024 s 39(2), (3) s 11(3) s 11(4) deleted by 70/1985 s 3(b) s 11(5) s 11(6) inserted by 70/1985 s 3(c) substituted by 45/2019 s 11(3) s 12 substituted by 34/1981 s 11 substituted by 92/1982 s 3(1) 28.10.1982 amended by 59/1985 s 21 13.6.1985 substituted by 95/1988 Sch 1 amended by 23/2024 s 40(1) s 12(1) amended by 45/2019 s 12 s 12(2) amended by 23/2024 s 40(2) s 12(3) amended by 23/2024 s 40(3) s 12(4) amended by 23/2024 s 40(4) s 13A amended by 53/1980 s 2 substituted by 34/1981 s 12 amended by 23/2024 s 41(1) s 13A(1) amended by 23/2024 s 41(2) s 13A(3) amended by 23/2024 s 41(2) s 13B inserted by 34/1981 s 12 deleted by 75/1993 s 27 1.1.1994 inserted by 43/1994 s 22 9.6.1994 Heading preceding s 13H s 13H s 13H(1) s 13H(2) amended by 82/1982 s 2(b), (c) s 13H(3) s 13H(4) s 13H(4a) s 13H(4) second sentence amended by 82/1982 s 2(a) s 13H(4) second sentence redesignated as s 13H(4a) by 44/2003 s 3(1) (Sch 1) s 13H(4b) s 13H(4) third sentence amended and redesignated as s 13H(4b) by 44/2003 s 3(1) (Sch 1) s 13H(4c) s 13H(4) fourth sentence amended and redesignated as s 13H(4c) by 44/2003 s 3(1) (Sch 1) dependants domestic partner inserted by 43/2006 s 212(1) substituted by 13/2017 s 22(1) amended by 23/2024 s 42(1), (2) members of the family amended by 43/2006 s 212(2) registered relationship inserted by 13/2017 s 22(2) spouse inserted by 43/2006 s 213(3) s 13H(5) s 13H(6) inserted by 82/1982 s 2(d) amended by 23/2024 s 42(3) ss 13I and 13J inserted by 10/2017 s 34 s 14 amended by 34/1981 s 13 substituted by 10/2017 s 35 amended by 23/2024 s 43 s 15 s 15(1) amended by 34/1981 s 14 Pt 2 Pt 2 Div 1 heading substituted by 45/2019 s 13 s 17 s 17(2) amended by 45/2019 s 14(1) s 17(3) inserted by 45/2019 s 14(2) s 18 substituted by 30/2023 Sch 2 cl 11 1.1.2025 Pt 2 Div 1A inserted by 45/2019 s 15 Pt 2 Div 2 s 21 amended by 17/2006 s 5 s 22 amended by 17/2006 s 6 s 23 s 23(1) amended by 17/2006 s 7 Pt 2 Div 3 s 30BA inserted by 16/2002 s 6 1.12.2002 s 30C s 30C(2) substituted by 62/1993 s 4 28.10.1993 s 33 deleted by 67/1978 s 3 s 35 deleted by 69/1991 s 9(b) inserted by 43/1994 s 23 9.6.1994 s 37 deleted by 56/1984 s 8 1.7.1984 s 39 substituted by 80/1987 s 2 9.11.1987 s 39(1) amended by 84/1995 s 20 amended by 17/2006 s 8 s 39(2) amended by 23/2004 s 27(1) s 39(6) substituted by 23/2004 s 27(2) prescribed court amended by 16/2014 Sch 9 cl 7 1.7.2015 s 40 s 40(2) inserted by 69/1991 s 9(c) Pt 3 s 45 substituted by 67/1996 s 35 s 45(3) amended by 45/2019 s 16(1) s 45(3a) inserted by 45/2019 s 16(2) s 46 substituted by 67/1996 s 35 ss 46A and 46B inserted by 67/1996 s 35 s 47 amended by 34/1981 s 15 substituted by 45/2019 s 17 s 47(1) substituted by 19/2024 s 3(1) s 47(1a) and (1b) inserted by 19/2024 s 3(1) s 47(2) s 47(3) s 47(4) s 48 before substitution by 45/2019 amended by 34/1981 s 16 amended and redesignated as subsections, paragraphs and subparagraphs by 44/2003 s 3(1) (Sch 1) s 48(2) amended by 17/2006 s 9(1), (2) amended by 10/2017 s 36 s 48(3) and (4) inserted by 9/2013 s 14 s 48 substituted by 45/2019 s 17 amended by 23/2024 s 44(1) s 48(2) amended by 23/2024 s 44(2) s 48A inserted by 10/2017 s 37 s 49 s 49(1) substituted by 17/2006 s 10 amended by 10/2017 s 38 amended by 45/2019 s 18 amended by 23/2024 s 45 s 50 before substitution by 17/2006 s 50(1) s 50 redesignated as s 50(1) by 34/1981 s 17 contents commencing "Provided that" amended by 66/1999 s 6 3.1.2000 s 50(1a) s 50(1) contents commencing "Provided that" amended and redesignated as s 50(1a) by 44/2003 s 3(1) (Sch 1) s 50(2) inserted by 34/1981 s 17 s 50 substituted by 17/2006 s 11 s 50(1) amended by 23/2024 s 46 s 50(2) amended by 10/2017 s 39(1) amended by 23/2024 s 46 s 50(2a) inserted by 10/2017 s 39(2) s 50(5) s 51 deleted by 17/2006 s 12 Heading preceding s 52 ss 52—53A s 54 amended by 6/1985 s 8(a) ss 55—57 s 59 amended by 6/1985 s 8(b), (c) s 60 s 61 deleted by 6/1985 s 8(d) s 62 Pt 3A before deletion by 45/2019 s 62E s 62E(1) amended by 17/2006 s 13 s 62H s 62H(3) and (3a) substituted by 34/1981 s 18 s 62H(3b) inserted by 34/1981 s 18 s 62H(5) substituted by 21/1994 s 29 s 62H(6) deleted by 21/1994 s 29 Pt 3A deleted by 45/2019 s 20 Pt 4 Heading preceding s 65 s 65 s 65(1) amended by 17/2012 s 24 5.8.2012 amended by 10/2017 s 40(1) amended by 23/2024 s 47 s 65(5) amended by 10/2017 s 40(2) amended by 23/2024 s 47 ss 66 and 67 s 68 substituted by 102/1986 s 3(1) (Sch) 9.7.1987 deleted by 46/1996 s 10 ss 69 and 70 deleted by 46/1996 s 10 Heading preceding s 71 Heading preceding s 72 s 72 s 72(1) amended by 34/1981 s 19 amended by 2/1983 s 2 amended by 69/1991 s 9(d) amended by 46/1996 s 11 amended by 6/1999 s 3 23.4.1999 amended by 44/2003 s 3(1) (Sch 1) amended by 17/2006 s 14 amended by 47/2013 s 12(1), (2) amended by 10/2017 s 41(1)—(3) amended by 15/2020 s 12 amended by 23/2024 s 48(1), (2) s 72(4) substituted by 21/1994 s 30 Pt 6 heading substituted by 34/1981 s 20 Heading preceding s 82 substituted by 34/1981 s 21 Pt 6 Div 1 heading inserted by 44/2003 s 3(1) (Sch 1) s 82 substituted by 34/1981 s 21 s 82(2) amended by 69/1991 s 9(e) s 82(3) substituted by 84/1995 s 21 s 82(3a) inserted by 84/1995 s 21 s 83 deleted by 34/1981 s 21 Heading preceding s 84 s 84 amended by 34/1981 s 22 ss 85—105 Pt 6 Div 2 s 106 amended by 34/1981 s 23 substituted by 85/1995 s 15 Pt 6 Div 3 s 109 amended by 34/1981 s 24 substituted by 85/1995 s 16 s 110A s 110A(1) inserted by 69/1991 s 9(f) amended by 85/1995 s 17(a) (c) deleted by 85/1995 s 17(a) s 110A(2) substituted by 85/1995 s 17(b) s 110B inserted by 69/1991 s 9(f) Pt 7 s 110C inserted by 10/2017 s 42 s 110C(1) amended by 21/2019 s 24 amended by 23/2024 s 49 s 114 s 114(2) amended by 69/1991 s 9(g) amended by 47/2013 s 13(1), (2) ss 115 and 116 deleted by 67/1978 s 4 s 117 s 117(1) amended by 17/2006 s 15 s 118 deleted by 56/1984 s 8 1.7.1984 inserted by 84/1995 s 22 s 118A deleted 49/1991 Sch 2 inserted by 84/1995 s 22 Heading preceding s 119 s 119 amended by 34/1981 s 25(a) amended by 23/2024 s 50 s 120 amended by 34/1981 s 25(b) s 121 amended by 23/2024 s 51 s 121(2) amended by 34/1981 s 25(c) s 122 s 122(1) amended by 33/1999 Sch (item 57) 1.7.1999 s 124 amended by 34/1981 s 25(d) s 125 amended by 34/1981 s 25(e) s 126 amended by 34/1981 s 25(f), (g) s 126A inserted by 7/2008 s 27 s 126A(1) amended by 16/2015 s 32(1) s 126A(2) person to whom this section applies inserted by 16/2015 s 32(2) sexual offence amended by 16/2015 s 32(3) s 126B inserted by 9/2025 s 21 26.5.2025 s 127 amended by 34/1981 s 25(h) s 128 s 128(1) amended by 34/1981 s 25(i) s 129 s 129(1) amended by 33/1991 s 15 6.6.1991 s 130 inserted by 2/1983 s 3 s 130(1a) and (1b) inserted by 50/2017 s 7(1) s 130(2) substituted by 69/2001 s 32(a) 13.1.2002 s 130(3) inserted by 73/1983 s 2 deleted by 69/2001 s 32(b) 13.1.2002 s 130(3) inserted by 41/2015 s 54 deleted by 50/2017 s 7(2) s 131 inserted by 69/1991 s 9(h) s 131(1) amended by 62/1993 s 5 1.7.1993 amended by 84/1995 s 23(a) s 131(2) amended by 49/2005 s 14 19.12.2005 amended by 7/2008 s 28(1) amended by 85/2009 Sch 1 cl 34 9.12.2011 amended by 11/2013 s 29(1) amended by 18/2017 Sch 2 cl 33 amended by 53/2017 s 32 30.4.2018 s 131(3) amended by 65/1995 Sch cl 4(a) substituted by 7/2008 s 28(2) s 131(4) inserted by 65/1995 Sch cl 4(b) s 131(4a) inserted by 11/2013 s 29(2) s 131(5) inserted by 65/1995 Sch cl 4(b) s 131(6) inserted by 7/2008 s 28(3) Sch heading amended by 44/2003 s 3(1) (Sch 1) Transitional etc provisions associated with Act or amendments Statutes Amendment (Courts Administration Staff) Act 1995 20—Transitional provision (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. Statutes Amendment (Appeals) Act 2013, Sch 1—Transitional provision The amendments effected by this Act apply in relation to appeals instituted after the commencement of this Act, regardless of whether the offence to which the appeal relates was committed, or allegedly committed, before or after the commencement of this Act. Summary Procedure (Indictable Offences) Amendment Act 2017, Sch 2 Pt 14 41—Transitional provision The amendments made by this Act apply to proceedings relating to an offence that are commenced after the commencement of this Act, regardless of when the offence occurred (and the Acts amended by this Act, as in force before the commencement of this Act, continue to apply to proceedings that were commenced before the commencement of this Act). Supreme Court (Court of Appeal) Amendment Act 2019, Sch 1 Pt 2—Transitional provisions etc 89—Interpretation of Acts and instruments The following provisions apply to the interpretation of Acts and instruments (whether of a legislative character or not): (a) a reference to the Full Court of the Supreme Court will be construed as a reference to the Court of Appeal Division of the Supreme Court; (b) a reference to the Land and Valuation Court will be construed as a reference to the Supreme Court. Historical versions Reprint No 1—15.1.1992 Reprint No 2—6.7.1992 Reprint No 3—1.7.1993 Reprint No 4—28.10.1993 Reprint No 5—1.1.1994 Reprint No 6—9.6.1994 Reprint No 7—7.7.1994 Reprint No 8—21.12.1995 Reprint No 9—30.9.1996 Reprint No 10—17.10.1996 Reprint No 11—23.4.1999 Reprint No 12—1.7.1999 Reprint No 13—3.1.2000 Reprint No 14—13.1.2002 Reprint No 15—1.12.2002 Reprint No 16—24.11.2003 19.12.2005 9.12.2011 5.8.2012 1.7.2015 30.4.2018 26.8.2024 (electronic only) 1.1.2025