South Australian Current Acts South Australian Current Acts (1) If a
senior police officer considers that it is necessary or desirable to address
an issue or perceived issue of public safety or to mitigate adverse
consequences arising from an issue or perceived issue of public safety, the
officer may issue a notice (a "public safety notice") in respect of
regulated premises to the owner or occupier of those premises.
(2) Unless the urgency
of the circumstances require otherwise, the senior police officer must, before
issuing a public safety notice in respect of regulated premises, give the
owner or occupier of the premises a reasonable opportunity to make submissions
about the making of the notice and its proposed terms (however, failure to
comply with this subsection does not affect the validity of the notice).
(3) A
public safety notice may impose 1 or more of the following requirements on the
person to whom the notice is directed:
(a) a
requirement that the person provide information, or produce for inspection
material in his or her possession, relating to the premises, or to activities
carried on at the premises, within a time specified in the notice;
(b) a
requirement that the person ensure that the premises be closed and remain
closed for a specified period;
(c) a
requirement that the person ensure that specified activities or operations at
the premises be discontinued or not commenced for a specified period;
(d) a
requirement that the person ensure that specified activities or operations not
be carried on at the premises except at specified times or subject to
specified conditions;
(e) a
requirement that the person take action in relation to the premises as
specified in the notice.
(4) The Registrar may
retain material produced under this section for such reasonable period as he
or she thinks fit, and make copies of the material, or any of its contents.
(5) A person to whom a
public safety notice is directed is guilty of an offence if the person fails,
without reasonable excuse, to comply with a requirement imposed by the notice.
Maximum penalty: $20 000 or imprisonment for 4 years.
(6) A
public safety notice takes effect when served on the person to whom the notice
is directed or at a later time specified in the notice and, subject to
subsection (9), remains in force for a period of not more than 72 hours
specified in the notice.
(7) A public safety
notice may not be issued except with the approval of the Minister if the
premises has been subject to another public safety notice within the 72 hours
immediately preceding the period for which the notice would apply.
(8) A public safety
notice issued with the approval of the Minister under subsection (7)
remains in force for a period determined by the Minister and specified in the
notice.
(9) The Minister may,
if he or she is satisfied that it is in the public interest to do so,
determine that a public safety notice issued with his or her approval under
subsection (7) is to remain in force for a period that exceeds 72 hours.
(10) If a
public safety notice is issued with the approval of the Minister under
subsection (7), the person to whom the notice is directed may apply to
the Tribunal under section 34 of the South Australian Civil and
Administrative Tribunal Act 2013 for review of the decision of the
Minister to give the approval.
(11) An approval of
the Minister under subsection (7) must be in writing and must set
out—
(a) the
reasons for the approval; and
(b) if
the Minister has determined that the notice to which the approval relates is
to remain in force for more than 72 hours—the reasons for that
determination,
and must be provided to the person to whom the notice is directed.
(12) If the approval
of the Minister was given because of information that is classified by the
Registrar as criminal intelligence, the only reason required to be given is
that the approval was given on public interest grounds.
(13) A
public safety notice may be varied or revoked by a senior police officer by
notice in writing served on the person to whom the notice is directed.
(14) The requirements
of a public safety notice operate despite any contrary terms and conditions of
a licence or approval under this Act.
(15) No civil
liability attaches to a senior police officer or the Crown in respect of an
act or omission in good faith in the making, variation or revocation of a
public safety notice.
(16) In this
section—
"premises" includes—
(a)
land; and
(b) any
building or structure on land; and
(c) a
part of premises,
but does not include residential premises;
"regulated premises" means premises at which firearms, firearms parts or
ammunition are used, held, stored or displayed in connection with the
activities or operations of recognised firearms clubs, commercial ranges, the
operations of paint-ball operators or the business of licensed dealers or
foreign firearms dealers;
"senior police officer" means the Registrar or a police officer of or above
the rank of superintendent.