South Australia Criminal Law (Sentencing) Regulations 2000 under the Criminal Law (Sentencing) Act 1988 Contents 1 Short title 4 Interpretation 5 Forms 7 Enforcement of bonds and guarantees (section 57) 7A Enforcement of order for restitution of property (section 59) 8 Review of written payment arrangements (section 64) 9 Applications relating to registration of court order for pecuniary sums (section 68) 10 Modification of bankruptcy laws (seizure of personal property) (section 70G) 11 Enforcement of community service orders 12 Enforcement of non-pecuniary orders Schedule 1--Forms Schedule 2--Fees Legislative history 1--Short title These regulations may be cited as the Criminal Law (Sentencing) Regulations 2000. 4--Interpretation In these regulations-- the Act means the Criminal Law (Sentencing) Act 1988. 5--Forms (1) The forms set out in Schedule 1 are prescribed, and must be used, for the purposes of the Act. (2) If any enforcement proceedings are to be taken against a guarantor of a bond, the relevant forms in Schedule 1 must be modified accordingly. (3) If any document the form of which is prescribed by Schedule 1 is to be served on a company, the relevant form must be modified accordingly. 7--Enforcement of bonds and guarantees (section 57) (1) If, pursuant to section 57(1) of the Act, a probative court decides to issue a summons or a warrant of arrest to bring a probationer before the court on a written application made by the Crown alleging breach of bond, the court must endorse the application accordingly. (2) The court should first issue a summons to a probationer alleged to have breached a bond unless the court has reasonable grounds to believe-- (a) that service of a summons is not likely to be effected; or (b) that the probationer is not likely to comply with a summons. (3) A summons must be served on the probationer-- (a) personally; or (b) if personal service is not practicable or the probationer cannot, after reasonable enquiries, be found, in such other manner as the court may direct, not later than 2 clear working days before the date specified in the summons for the hearing of the matter. (4) If a probationer fails to appear before the probative court in compliance with a summons and the court is satisfied that the summons was duly served on the probationer, the court may, instead of issuing a warrant, deal with the application in the absence of the probationer. (5) If a guarantor fails to appear before the probative court in compliance with a summons and the court is satisfied that the summons was duly served on the guarantor, the court may make orders in relation to enforcing the guarantee in the absence of the guarantor. (6) If a probationer is found guilty of an offence committed during the term of a bond by a court that has jurisdiction to deal with proceedings for breach of the bond, the court may, on an oral application by the Crown, proceed to hear and determine the application forthwith if it is satisfied that the probationer has had adequate notice of the intention of the Crown to make such an application. 7A--Enforcement of order for restitution of property (section 59) The prescribed fees for issuing, serving and executing an order under section 59(2)(b) are the sum of the following: (a) for the time spent in locating the property to be valued--an amount per hour equal to the amount per hour prescribed under the Sheriff's Regulations 2005 in relation to the sheriff's attendance to execute an enforcement process; (b) for valuing the property--the actual costs reasonably incurred in causing the property to be valued; (c) for administrative work in issuing the order--an amount equal to the fee prescribed under the Sheriff's Regulations 2005 in relation to receiving and entering a summons, notice, order or other document for service; (d) for serving the order--an amount equal to the fee prescribed under the Sheriff's Regulations 2005 in relation to execution of a warrant; (e) if travelling expenses are incurred in issuing and serving the order--an amount equal to the amount prescribed under the Sheriff's Regulations 2005 as an allowance for travelling expenses incurred in the service of a document or execution of a process. 8--Review of written payment arrangements (section 64) The Manager of the Penalty Management Unit must cause each written arrangement entered into under section 64 of the Act to be reviewed on a regular basis, at intervals not exceeding 6 months. 9--Applications relating to registration of court order for pecuniary sums (section 68) (1) An application made by an authorised officer under section 68 of the Act-- (a) for registration as a charge over land of an order of a court imposing a pecuniary sum; or (b) for cancellation of the registration of such an order, must be made using Form A3 of the forms approved by the Registrar-General under the Real Property Act 1886. (2) An application referred to in subregulation (1) need not be accompanied by a duplicate certificate of title for the land. (3) No fee is payable in respect of lodging an application referred to in subregulation (1). 10--Modification of bankruptcy laws (seizure of personal property) (section 70G) For the purposes of section 70G(3) of the Act, the laws of bankruptcy are modified to the extent that the following personal property of a debtor, although not divisible amongst creditors in a bankruptcy, is available for seizure and sale pursuant to an order for sale under section 70G: (a) any motor vehicle, of whatever value; and (b) property-- (i) that was purchased or acquired with exempt money (being exempt money within the meaning of section 116 of the Bankruptcy Act 1966 of the Commonwealth); and (ii) that is not otherwise excluded from seizure and sale by virtue of the application of the laws of bankruptcy. 11--Enforcement of community service orders (1) A notice issued under section 71(3)(a) of the Act must be served on the defendant-- (a) personally; or (b) if personal service is not practicable or the defendant cannot, after reasonable enquiries, be found, in such other manner as the court may direct, not later than 2 clear working days before the date specified in the notice for the hearing of the matter. (2) If the defendant fails to attend before the court in compliance with the notice and the court is satisfied that the notice was duly served on the defendant, the court may deal with the matter in the absence of the defendant. 12--Enforcement of non-pecuniary orders (1) A notice under section 71A(1)(a) of the Act must be served on the defendant-- (a) personally; or (b) if personal service is not practicable or the defendant cannot, after reasonable enquiries, be found, in such other manner as the court may direct, not later than 2 clear working days before the date specified in the notice for the hearing of the matter. (2) If the defendant fails to attend before the court in compliance with the notice and the court is satisfied that the notice was duly served on the defendant, the court may deal with the matter in the absence of the defendant. Schedule 1--Forms 2000.16.un00.jpg 2000.16.un01.jpg 2000.16.un02.jpg 2000.16.un03.jpg 2000.16.un04.jpg 2000.16.un05.jpg 2000.16.un06.jpg 2000.16.un07.jpg 2000.16.un08.jpg 2000.16.un09.jpg 2000.16.un10.jpg 2000.16.un11.jpg 2000.16.un12.jpg 2000.16.un13.jpg 2000.16.un14.jpg Schedule 2--Fees 1 Reminder notice fee (section 65) $30.75 2 Issuance of penalty enforcement order-- (a) suspension of driver's licence (section 70E) $39.00 (b) restriction on transacting business with Registrar of Motor Vehicles (section 70F) $39.00 (c) order for sale of property (section 70G) $99.50 (d) garnishee order (section 70H) $99.50 3 Service and execution of penalty enforcement order--a fee comprised of the costs reasonably incurred in the service or execution, including-- (a) postage and telephone calls; (b) travelling, accommodation and necessary meals; (c) labour in seizing and removing seized property; (d) cartage, storage and insurance of seized property; (e) maintenance of seized animals; (f) engaging assistants, appraisers, auctioneers or agents; (g) advertisements; (h) conducting sales of seized property. Legislative history Notes o 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. o Earlier versions of these regulations (historical versions) are listed at the end of the legislative history. o 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. Legislation revoked by principal regulations The Criminal Law (Sentencing) Regulations 2000 revoked the following: Criminal Law (Sentencing) Regulations 1988 Principal regulations and variations New entries appear in bold. Year No Reference Commencement 2000 16 Gazette 2.3.2000 p1293 6.3.2000: r 2 2000 55 Gazette 25.5.2000 p2709 1.7.2000: r 2 2001 42 Gazette 31.5.2001 p1941 1.7.2001: r 2 2002 79 Gazette 20.6.2002 p2569 1.7.2002: r 2 2003 80 Gazette 29.5.2003 p2214 1.7.2003: r 2 2004 53 Gazette 27.5.2004 p1455 1.7.2004: r 2 2004 247 Gazette 9.12.2004 p4493 9.12.2004: r 2 2005 106 Gazette 26.5.2005 p1555 1.7.2005: r 2 2006 147 Gazette 15.6.2006 p1905 1.7.2006: r 2 2007 98 Gazette 7.6.2007 p2414 1.7.2007: r 2 2008 83 Gazette 5.6.2008 p2002 1.7.2008: r 2 2009 100 Gazette 4.6.2009 p2510 1.7.2009: r 2 2010 133 Gazette 10.6.2010 p2968 1.7.2010: r 2 2010 207 Gazette 16.9.2010 p4884 19.9.2010: r 2 2011 147 Gazette 9.6.2011 p2403 1.7.2011: r 2 Provisions varied New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement rr 2 and 3 omitted under Legislation Revision and Publication Regulations 2002 1.7.2004 r 5 r 5(1) varied by 80/2003 r 4(1) 1.7.2003 r 5(2) varied by 80/2003 r 4(2) 1.7.2003 r 5(3) varied by 80/2003 r 4(3) 1.7.2003 r 6 varied by 55/2000 r 3 1.7.2000 varied by 42/2001 r 3 1.7.2001 varied by 79/2002 r 3 1.7.2002 deleted by 80/2003 r 5 1.7.2003 r 7A inserted by 207/2010 r 4 19.9.2010 Sch 1 Sch redesignated as Sch 1 by 80/2003 r 6 1.7.2003 varied by 247/2004 r 4 9.12.2004 Sch 2 inserted by 80/2003 r 7 1.7.2003 substituted by 53/2004 r 4 1.7.2004 substituted by 106/2005 r 4 1.7.2005 substituted by 147/2006 r 4 1.7.2006 substituted by 98/2007 r 4 1.7.2007 substituted by 83/2008 r 4 1.7.2008 substituted by 100/2009 r 4 1.7.2009 substituted by 133/2010 r 4 1.7.2010 substituted by 147/2011 r 4 1.7.2011 Historical versions 1.7.2004 9.12.2004 1.7.2005 1.7.2006 1.7.2007 1.7.2008 1.7.2009 1.7.2010 19.9.2010