Criminal Law (High Risk Offenders) Regulations 2015 (SA)

South Australia Criminal Law (High Risk Offenders) Regulations 2015 under the Criminal Law (High Risk Offenders) Act 2015

Contents 1 Short title 3 Interpretation 3A Definition of terrorist offence 3B Prescribed modifications of Act 4 Prescribed authority Legislative history

1—Short title These regulations may be cited as the Criminal Law (High Risk Offenders) Regulations 2015. 3—Interpretation In these regulations— Act means the Criminal Law (High Risk Offenders) Act 2015. 3A—Definition of terrorist offence (1) For the purposes of paragraph (e) of the definition of terrorist offence in section 4 of the Act, the following kinds of offences against the laws of South Australia are prescribed: (a) an offence against section 83CA of the Criminal Law Consolidation Act 1935; (b) any offence against Part 3D of the Criminal Law Consolidation Act 1935; (c) an offence against section 37 of the Summary Offences Act 1953. (2) For the purposes of paragraph (e) of the definition of terrorist offence in section 4 of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed: (a) an offence against section 310J of the Crimes Act 1900 of New South Wales; (b) the following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory: (i) an offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation; (ii) an offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation; (iii) an offence against section 54; (iv) an offence against section 55; (c) an offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria. (3) In this regulation— terrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code. 3B—Prescribed modifications of Act (1) For the purposes of section 6(2) of the Act the following modifications are prescribed: (a) a reference to the CE is to be read as a reference to 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; (b) a reference to a community corrections officer is to be read as a reference to a community youth justice officer under the Youth Justice Administration Act 2016; (c) a reference to custody as a prisoner or imprisonment is to be read as a reference to detention; (d) a reference to a prison is to be read as a reference to a training centre; (e) a reference to the Parole Board is to be read as a reference to the Youth Parole Board; (f) a reference to the presiding member of the Parole Board is to be read as a reference to a member of the Training Centre Review Board designated, in writing, by the Attorney-General for the purposes of this paragraph (or, in the absence of that member, to a member of the Training Centre Review Board designated in accordance with subregulation (2)); (g) a reference to the deputy presiding member of the Parole Board is to be read as a reference to a member of the Training Centre Review Board designated, in writing, by the Attorney-General for the purposes of this paragraph (or, in the absence of that member, to a member of the Training Centre Review Board designated in accordance with subregulation (2)); (h) a reference to a magistrate is to be read as a reference to a magistrate or Judge of the Youth Court. (2) The Attorney-General may designate, in writing, a member of the Training Centre Review Board who may act in the absence of a member designated under subregulation (1)(f) or (g). 4—Prescribed authority For the purposes of sections 7(3) and 21 of the Act, the prescribed authority is the person for the time being performing the duties, or holding or acting in the position, of the Clinical Director, Forensic Mental Health Service South Australia.