South Australian Current Acts South Australian Current Acts63—Regulations and fee notices
(1) The Governor may
make such regulations as are contemplated by, or as are necessary or expedient
for the purposes of, this Act.
(2) The Minister must
consult with the Advisory Council in relation to any regulation proposed to be
made under this Act (other than a regulation proposed to be made under Part 4A
or section 33LA).
(3) No regulation may
be made prescribing an amount relating to a controlled drug,
controlled precursor or controlled plant for the purposes of Part 5 or
section 45A except on the recommendation of the Advisory Council.
(4) Without limiting
the generality of subsection (1), the regulations may—
(a)
regulate, restrict or prohibit the manufacture, production, packaging, sale
(whether by wholesale or retail), supply, prescribing, administration,
possession, use, handling, labelling, storing, transporting, disposal or
advertising of any poison, controlled precursor, medicine, medical device or
volatile solvent;
(b)
prescribe standards, or provide for the prescription by a person, a committee
of persons or an authority, of standards, with which any poison,
controlled precursor, medicine or medical device must conform;
(ba)
regulate the installation, sale, supply or operation of an automatic vending
machine for the sale or supply of a poison, medicine or medical device (in
circumstances in which that is not prohibited);
(c)
prescribe the form of any notice, application, certificate, warrant or other
document to be given, made or granted under this Act;
(d)
regulate the payment, refund, waiver or reduction of fees prescribed by the
Minister under subsection (4a);
(e)
provide for or regulate the classes, application for, grant, term, refusal,
renewal, suspension or revocation of licences and permits under this Act by a
person, a committee of persons or an authority;
(f)
require any specified person, or persons of a specified class, to keep records
or provide information in relation to any poison, controlled drug,
controlled precursor, controlled plant, medicine, medical device or volatile
solvent;
(g)
provide for and regulate the inspection, examination, testing or analysis of
any substance or goods;
(h)
exempt, conditionally or unconditionally, any person, substance or
medical device from any provision of this Act or the applied provisions, or
provide for all or any of those exemptions to be given by a person or
committee of persons or an authority;
(i)
prescribe fines, not exceeding $10 000, or
2 years imprisonment for offences against the regulations;
(j) fix
expiation fees, not exceeding $2 000, for alleged offences against the
regulations.
(4a) The Minister may
prescribe fees for the purposes of this Act by fee notice under the
Legislation (Fees) Act 2019 .
(5) The regulations
may refer to or, by reference, incorporate (with or without modifications) any
code, standard, pharmacopoeia or other document published inside or outside of
this State, either as in force at the time the regulations are made or as in
force from time to time.
(5a) If a code,
standard, pharmacopoeia or other document is referred to or incorporated in
the regulations (or in a code, standard, pharmacopoeia or other document
referred to or incorporated in the regulations)—
(a) a
copy of the code, standard, pharmacopoeia or other document must be kept
available for inspection by members of the public, without charge and during
normal office hours, at an office or offices specified in the regulations; and
(b)
evidence of the contents of the code, standard, pharmacopoeia or other
document may be given in any legal proceedings by production of a document
apparently certified by the Minister to be a true copy of the code, standard,
pharmacopoeia or other document.
(6) Any regulation
under this Act may be of general or limited application according to—
(a) the
classes of persons or things; or
(b) the
circumstances; or
(c) any
other specified factor,
to which the regulation is expressed to apply.
(7) The regulations
may provide that a matter or thing in respect of which regulations may be made
is to be determined according to the discretion of the Minister or another
person.