State offences

State offences

The Sentencing Act 2017 (SA) replaced the previous Criminal Law (Sentencing) Act 1988 (SA) on 30 April 2018

Whilst most sentencing principles and powers are found in the Sentencing Act 2017 (SA), there are many other Acts which empower the courts to impose penalties or orders upon persons found guilty of an offence. Other Acts manage issues consequential to sentencing. The following provides information about other legislative sources of powers relevant to sentencing:

Controlled Substances Act 1984 (SA) [see s 52A(7) for forfeiture of substances, equipment, devices, documents or records]
Correctional Services Act 1982 (SA) [for imprisonment, management of prisoners, parole, and early release on home detention]
Crimes Act 1914 (Cth) [for offences, penalties and sentencing powers relating to Commonwealth offences]
Criminal Assets Confiscation Act 2005 (SA) [see Part 4 for forfeiture and compensation orders; Part 5 for pecuniary penalty orders]
Criminal Law Consolidation Act 1935 (SA) [see s 299A for forfeiture of firearms and other offensive weapons]
Fines Enforcement and Debt Recovery Act 2017 (SA) [for enforcement of pecuniary sums and expiation notices]
Firearms Act 2015 (SA) [see s 63 for forfeiture of firearms]
Migration Act 1958 (Cth) [see s 501 for refusal or cancellation of visa on character grounds and definition of substantial criminal record]
Parole Orders (Transfer) Act 1983 (SA) [for registration of parole orders in another State]
Prisoners (Interstate Transfer) Act 1982 (SA) [for interstate transfer of prisoners]
Road Traffic Act 1961 (SA) [see ss 168 and 170 for licence disqualifications]
Victims of Crime Act 2001 (SA) [see s 32 for imposition of levy].

Divisional Penalties

In many State Acts, the penalties for offences are stated as divisional penalties and the actual maximum penalties per offence are not stated [see Legislation Interpretation Act 2021 (SA) s 54 for divisional penalties and expiation fees; Magistrates Court Act 1991 (SA) - Appendix for divisional penalties and expiation fees].

State offences : Last Revised: Mon Apr 23rd 2018

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