South Australian Attorney-General's Department

 

New Legislation

Civil Liability (Food Donors and Distributors) Amendment Act 2008

The Act protects food donors from civil liability for death or personal injury, as long as when they donated the food, they did not know it was unsafe at the time it left their posession.

Civil Liability (Food Donors and Distributors) Amendment Bill 2008

Civil Liability Act 1936

Food Donors Act media release (82KB, PDF)

Statutes Amendment (Evidence and Procedure) Act 2008

The Act achieves two main kinds of evidentiary law reform. It reforms laws governing the way evidence is taken in sexual offence proceedings. This is  part of the package of legislative reforms arising from the Government’s extensive review of South Australian rape and sexual assault laws in 2006.  It also reforms laws about the special arrangements that may be made for witnesses giving evidence.  In particular, it provides for the way in which evidence is taken from vulnerable witnesses (including children and victims of serious offences), the way witnesses may be questioned and the manner in which judges warn or direct juries about the evidence of children. It also restricts access to sensitive material that is to be used as evidence in proceedings.  These reforms are made in response to recommendations of the Child Protection Review (the Layton Report) about children and the courts, and also to remove systemic impediments to the reporting and prosecution of serious crime.

Statutes Amendment (Evidence and Procedure) Bill 2007

Statutes Amendment (Evidence and Procedure) Act 2008

New sex abuse laws media release (106KB, PDF)

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Criminal Law Consolidation (Rape and Sexual Offences) Act 2008

The Act is the result of the Government’s review of South Australia’s rape and sexual assault laws that began in 2006 with the issue of a discussion paper. The Act clarifies and extends the legal boundaries of sexual behaviour to protect people from sexual assault. For example, it reforms the offence of rape to include a continuation of sexual intercourse when consent is withdrawn and to include compelled sexual intercourse or bestiality, and introduces a new offence of compelled sexual activity, The Act defines reckless indifference to consent to sexual acts and consent to sexual activity. The Act also reforms the offences of persistent sexual abuse of a child, unlawful sexual intercourse, incest, and offences with animals and the law on severance of trials for sexual-offence proceedings.

Criminal Law Consolidation (Rape and Sexual Offences) Amendment Bill 2008

Criminal Law Consolidation Act 1935

New sex abuse laws media release (106KB, PDF)

Controlled Substances (Drug Detection) Amendment Act 2008

The Act amends the Controlled Substances Act 1984  to regulate the use of drug-detection dogs in people and vehicle-screening operations and to enable police to establish and conduct drug-detection screening operations on identified drug-transit routes Section 52 dealing with the power of search and seizure is also amended.

Controlled Substances (Drug Detection) Amendment Bill 2008

Controlled Substances Act 1984

Drug detection media release (links to Ministers' website)

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Controlled Substances (Prescribed Equipment) Act 2008

The Act implements the Government’s 2006 election commitment to make it an offence to have hydroponic equipment without lawful excuse, The Act provides for a new offence of possession of equipment or documents used for the manufacture of a controlled drug (notably varieties of amphetamines) and cultivation of a controlled plant (notably cannabis) without reasonable excuse (proof of which lies on the possessor).

Controlled Substances (General) Variation Regulations 2008

Controlled Substances Act 1984

Prescribed equipment media release (75KB, PDF)

Serious and Organised Crime (Control) Act 2008

This Act is the main component of the first phase of the Government’s legislative response to offending by serious and organised crime grounds, particularly criminal motorcycle gangs. It enables criminal groups to be declared, their members and other criminals to placed under control orders prohibiting them from associating with one another and for police to prohibit them from entering premises, areas and attending events on public safety grounds. The Act creates a new offence of criminal association that prohibits people associating with members of declared organisations, persons subject to control orders and serious criminals associating  with one another, toughens the bail and anti-fortification laws and makes intimidating a public officer or a victim of or witness to a crime by stalking a serious offence.

Serious and Organised Crime (Control) Bill 2008

Serious and Organised Crime (Control) Act 2008

Serious and Organised Crime Act media release (links to Ministers' website)

Statutes Amendment (Real Estate Industry Reform) Act 2007

This Act amends the amends the Bill of Sales Act 1886,  the Community Titles Act 1996, the Real Property Act 1886, the Stock Mortgages and Wool Liens Act 1924 and the Strata Titles Act 1988 to improve the administration and efficiency of South Australia’s land management system.

Statutes Amendment (Real Estate Industry Reform) Bill 2007

Statutes Amendment (Real Estate Industry Reform) Act 2007

Real estate reform media release (links to Ministers' website)

 

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