POLICE ACT 1998

South Australian Current Acts

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POLICE ACT 1998 - NOTES

Legislative history

Notes

• 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.

• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

• 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Legislation repealed by principal Act

The Police Act 1998 repealed the following:

Police Act 1952

Legislation amended by principal Act

The Police Act 1998 amended the following:

Acts Interpretation Act 1915

Police Superannuation Act 1990

Principal Act and amendments

New entries appear in bold.

Year

No

Title

Assent

Commencement

1998

55

Police Act 1998

3.9.1998

1.7.1999 (Gazette 30.6.1999 p3310)

2000

4

District Court (Administrative and Disciplinary Division) Amendment Act 2000

20.4.2000

Sch 1 (cl 31)—1.6.2000 (Gazette 18.5.2000 p2554)

2004

51

Statutes Amendment (Miscellaneous Superannuation Measures No 2) Act 2004

16.12.2004

Pt 3 (s 9)—13.1.2005 (Gazette 13.1.2005 p69)

2012

19

Statutes Amendment (Criminal Intelligence) Act 2012

24.5.2012

Pt 6 (s 10)—12.7.2012 (Gazette 12.7.2012 p3110)

2012

52

Independent Commissioner Against Corruption Act 2012

6.12.2012

Sch 3 (cll 60—62)—20.12.2012 (Gazette 20.12.2012 p5742)

2013

27

Police (GST Exemption) Amendment Act 2013

27.6.2013

27.6.2013

2013

49

Statutes Amendment (Police) Act 2013

24.10.2013

Pt 2 (s 15)—1.7.2014; ss 4—14, 16—18 & Sch 1—1.9.2014 (Gazette 26.6.2014 p3021)

2016

60

Police Complaints and Discipline Act 2016

8.12.2016

Sch 1 (cll 20—24 & 53)—4.9.2017 (Gazette 29.8.2017 p3794)

2016

63

Statutes Amendment (South Australian Employment Tribunal) Act 2016

8.12.2016

Pt 17 (ss 122—127)—1.7.2017 (Gazette 16.5.2017 p1221)

2017

48

Police (Drug Testing) Amendment Act 2017

28.11.2017

1.4.2019 (Gazette 21.3.2019 p928)

2017

69

Statutes Amendment (Terror Suspect Detention) Act 2017

12.12.2017

Pt 5 (s 27)—26.2.2018 (Gazette 13.2.2018 p733)

2021

5

Statutes Amendment and Repeal (Budget Measures) Act 2021

25.2.2021

Pt 9 (ss 18 to 39) & Pt 15 (ss 56 to 64)—10.10.2022 (Gazette 29.9.2022 p6255)

Provisions amended

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision

How varied

Commencement

Long title

amended under Legislation Revision and Publication Act 2002

13.1.2005

Pt 1

s 2

omitted under Legislation Revision and Publication Act 2002

13.1.2005

s 3

Code

substituted by 60/2016 Sch 1 cl 20(1)

4.9.2017

substituted by 5/2021 s 18(1)

10.10.2022

member of SA Police

amended by 5/2021 s 18(2)

10.10.2022

minor misconduct

deleted by 60/2016 Sch 1 cl 20(2)

4.9.2017

Police Disciplinary Tribunal

deleted by 60/2016 Sch 1 cl 20(3)

4.9.2017

Police Ombudsman

Police Complaints Authority amended to read Police Ombudsman by 52/2012 Sch 3 cl 60

20.12.2012

deleted by 60/2016 Sch 1 cl 20(4)

4.9.2017

police security officer

inserted by 5/2021 s 18(3)

10.10.2022

SAET

inserted by 63/2016 s 122

1.7.2017

Pt 2

s 9

amended by 5/2021 s 19

10.10.2022

s 10

s 10(1)

amended by 5/2021 s 20

10.10.2022

s 11

s 11(1)

amended by 5/2021 s 21(1)

10.10.2022

s 11(2)

amended by 5/2021 s 21(2)

10.10.2022

Pt 4

s 27

s 27(2)

substituted by 49/2013 s 4(1)

1.9.2014

s 27(3)

amended by 49/2013 s 4(2)

1.9.2014

s 27(4)

deleted by 49/2013 s 4(3)

1.9.2014

s 27(7) and (8)

inserted by 49/2013 s 4(4)

1.9.2014

Pt 6

heading

amended by 49/2013 s 5

1.9.2014

substituted by 60/2016 Sch 1 cl 21

4.9.2017

Pt 6 Div 1 before deletion by 60/2016

heading

inserted by 49/2013 s 6

1.9.2014

s 37

s 37(2)

amended by 49/2013 s 7(1)—(3)

1.9.2014

s 38

s 38(1a)

inserted by 52/2012 Sch 3 cl 61

20.12.2012

s 38(2)

amended by 52/2012 Sch 3 cl 60

20.12.2012

s 40

s 40(1)

amended by 49/2013 s 8(1)

1.9.2014

s 40(2)

inserted by 49/2013 s 8(2)

1.9.2014

Pt 6 Div 1

deleted by 60/2016 Sch 1 cl 22

4.9.2017

Pt 6 Div 2

inserted by 49/2013 s 9

1.9.2014

heading

amended by 5/2021 s 22

10.10.2022

s 41A

s 41A(1)

critical incident

amended by 5/2021 s 23(1)—(3)

10.10.2022

drug screening test

inserted by 48/2017 s 4(1)

1.4.2019

oral fluid analysis

substituted by 48/2017 s 4(2)

1.4.2019

s 41B

s 41B(1)

amended by 48/2017 s 5

1.4.2019

amended by 5/2021 s 24(1)

10.10.2022

s 41B(2)

amended by 5/2021 s 24(2)—(6)

10.10.2022

s 41C

s 41C(1)

amended by 48/2017 s 6

1.4.2019

s 41C(2)

amended by 5/2021 s 25(1), (2)

10.10.2022

s 41D

s 41D(2)

amended by 5/2021 s 26

10.10.2022

s 41E

s 41E(1)

amended by 5/2021 s 27(1), (2)

10.10.2022

Pt 6 Div 3 before deletion by 60/2016

heading

inserted by 49/2013 s 10

1.9.2014

s 42

s 42(1)

amended by 49/2013 s 11(1)

1.9.2014

s 42(1a)

inserted by 49/2013 s 11(2)

1.9.2014

s 42(2)

amended by 49/2013 s 11(3)

1.9.2014

Pt 6 Div 3

deleted by 60/2016 Sch 1 cl 23

4.9.2017

Pt 7

s 45

s 45(2)

substituted by 51/2004 s 9

13.1.2005

Pt 8

s 48

s 48(1)

amended by 63/2016 s 123(1)

1.7.2017

s 48(1a)

inserted by 5/2021 s 28

10.10.2022

s 48(2)

substituted by 63/2016 s 123(2)

1.7.2017

s 48(3)

amended by 63/2016 s 123(3)

1.7.2017

ss 49 and 50

deleted by 63/2016 s 124

1.7.2017

s 51 before deletion by 63/2016

s 51(2)

amended by 4/2000 s 9(1) (Sch 1 cl 31(a))

1.6.2000

s 51(3)

deleted by 4/2000 s 9(1) (Sch 1 cl 31(b))

1.6.2000

s 51

deleted by 63/2016 s 124

1.7.2017

s 52

s 52(1)

amended by 63/2016 s 125(1)

1.7.2017

s 52(1a)

inserted by 5/2021 s 29

10.10.2022

s 52(2)

substituted by 63/2016 s 125(2)

1.7.2017

s 52(3)

amended by 63/2016 s 125(3)

1.7.2017

s 52(4)

amended by 63/2016 s 125(4)

1.7.2017

s 53

s 53(1)

prescribed promotional position

amended by 5/2021 s 30(1)

10.10.2022

s 53(3)

inserted by 5/2021 s 30(2)

10.10.2022

s 55

s 55(1)

substituted by 49/2013 s 12

1.9.2014

amended by 5/2021 s 31(1)

10.10.2022

s 55(2)

amended by 5/2021 s 31(2)

10.10.2022

s 55(3)

amended by 5/2021 s 31(3)

10.10.2022

s 56

s 56(1)

amended by 5/2021 s 32

10.10.2022

Pt 9

s 59

substituted by 49/2013 s 13

1.9.2014

s 61

s 61(2)

substituted by 49/2013 s 14

1.9.2014

s 61(3) and (4)

inserted by 49/2013 s 14

1.9.2014

Pt 9A

inserted by 5/2021 s 33

10.10.2022

Pt 10

s 65

substituted by 49/2013 s 15

1.7.2014

s 65(1)

amended by 5/2021 s 34(1)

10.10.2022

s 65(2)

amended by 5/2021 s 34(2)

10.10.2022

s 65(3)

amended by 5/2021 s 34(3), (4)

10.10.2022

s 65(4)

amended by 5/2021 s 34(5), (6)

10.10.2022

s 65(5)

amended by 5/2021 s 34(7)—(9)

10.10.2022

s 67

s 67(1)

amended by 5/2021 s 35(1), (2)

10.10.2022

s 67(2)

amended by 5/2021 s 35(3), (4)

10.10.2022

s 67(3)

amended by 52/2012 Sch 3 cl 62

20.12.2012

amended by 5/2021 s 35(5), (6)

10.10.2022

s 67(4)

inserted by 49/2013 s 16

1.9.2014

amended by 5/2021 s 35(7), (8)

10.10.2022

s 67(5)

inserted by 49/2013 s 16

1.9.2014

substituted by 5/2021 s 35(9)

10.10.2022

s 67(6) and (7)

inserted by 49/2013 s 16

1.9.2014

s 69

s 69(4)

inserted by 5/2021 s 36

10.10.2022

s 70

s 70(1)

amended by 60/2016 Sch 1 cl 24

4.9.2017

s 70(2)

substituted by 49/2013 s 17(1)

1.9.2014

s 70(4)

amended by 49/2013 s 17(2)

1.9.2014

s 70(5)

amended by 49/2013 s 17(3)

1.9.2014

s 70(6)

inserted by 49/2013 s 17(4)

1.9.2014

s 71A

inserted by 5/2021 s 37

10.10.2022

s 74

s 74(1)

amended by 5/2021 s 38(1), (2)

10.10.2022

s 74(2)

amended by 5/2021 s 38(3)

10.10.2022

s 74(3)

amended by 5/2021 s 38(4)

10.10.2022

s 74(4)

police security property

inserted by 5/2021 s 38(5)

10.10.2022

police security uniform

inserted by 5/2021 s 38(5)

10.10.2022

s 74A

inserted by 19/2012 s 10

12.7.2012

s 74B

inserted by 69/2017 s 27

26.2.2018

s 75

s 75(1)

amended by 5/2021 s 39

10.10.2022

s 76

s 76(2)

amended by 27/2013 s 3

27.6.2013

Sch 1

cl 1

cl 1(2)—(7)

deleted by 49/2013 s 18(1)

1.9.2014

cl 1A

inserted by 49/2013 s 18(2)

1.9.2014

deleted by 63/2016 s 126

1.7.2017

cl 1B

inserted by 49/2013 s 18(2)

1.9.2014

cl 2

substituted by 49/2013 s 18(2)

1.9.2014

Sch 2

cl 1

omitted under Legislation Revision and Publication Act 2002

13.1.2005

Sch 3

omitted under Legislation Revision and Publication Act 2002

13.1.2005

Transitional etc provisions associated with Act or amendments

Statutes Amendment (Police) Act 2013, Sch 1

1—Transitional provisions

(1) Section 27 of the Police Act 1998, as amended by Part 2 of this Act, applies to an appointment—

(a) made on or after the commencement of this clause; or

(b) made prior to the commencement of this clause if the period of probation for the appointment has not ended before that commencement.

(2) Section 55 of the Police Act 1998, as amended by Part 2 of this Act, applies to a selection process conducted after the commencement of this clause.

Statutes Amendment (South Australian Employment Tribunal) Act 2016

127—Transitional provisions

(1) In this section—

principal Act means the Police Act 1998;

relevant day means the day on which this Part comes into operation;

SAET means the South Australian Employment Tribunal.

(2) A decision, direction or order of the Police Review Tribunal under Part 8 Division 1 or 2 of the principal Act in force immediately before the relevant day will, on and from the relevant day, be taken to be a decision, direction or order of SAET.

(3) A right to apply to the Police Review Tribunal under Part 8 Division 1 or 2 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before SAET rather than the Police Review Tribunal.

(4) Any proceedings before the Police Review Tribunal under Part 8 Division 1 or 2 of the principal Act immediately before the relevant day will, subject to such directions as the President of SAET thinks fit, be transferred to SAET where they may proceed as if they had been commenced before SAET.

(5) SAET may—

(a) receive in evidence any transcript of evidence in proceedings before the Police Review Tribunal, and draw any conclusions of fact from that evidence that appear proper; and

(b) adopt any findings or determinations of the Police Review Tribunal that may be relevant to proceedings before SAET; and

(c) adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the Police Review Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and

(d) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section.

Police Complaints and Discipline Act 2016, Sch 1 Pt 16—Transitional provisions

53—Certain orders of Commissioner etc under repealed Act taken to be valid

For the purposes of the law of the State, the following actions purportedly ordered or taken under section 40 of the Police Act 1998 or a corresponding previous enactment in respect of a member of SA Police will be taken to be valid, and always to have been valid:

(a) a reduction in rank of the member;

(b) a reduction in the seniority of the member.

Statutes Amendment and Repeal (Budget Measures) Act 2021, Pt 15—Savings and transitional provisions

56—Continuation of appointments of protective security officers

(1) An appointment of a person who was, immediately before the commencement of this section, a protective security officer under the Protective Security Act 2007 will, on the commencement of this section and subject to the Police Act 1998 (as amended by this Act)—

(a) continue in accordance with its terms; and

(b) be taken to be an appointment as a police security officer under Part 9A of the Police Act 1998; and

(c) be subject to the same conditions or limitations (including, to avoid doubt, limitations of duties or powers) as applied in relation to the person's appointment immediately before the commencement of this section.

(2) To avoid doubt, subsection (1) applies in relation to an appointment that is, immediately before the commencement of this section, suspended under the Protective Security Act 2007.

(3) The continuation of an appointment under this section will be taken not to amount to an interruption of service (however described).

(4) Any rights, entitlements or liabilities accrued by a person whose appointment is continued under this section will be taken not to be affected by the operation of this section.

57—Suspension of protective security officer to continue

(1) If the appointment of a protective security officer is, immediately before the commencement of this section, suspended under the Protective Security Act 2007, the suspension—

(a) will continue in accordance with its terms; and

(b) will be taken to be a suspension under Part 9A of the Police Act 1998.

(2) A determination of the Commissioner under section 36 of the Protective Security Act 2007 relating to a suspension referred in subsection (1)—

(a) will continue in accordance with its terms; and

(b) will be taken to be a determination of the Commissioner under section 70 of the Police Act 1998.

58—Identification of protective security officers taken to satisfy section 63I of Police Act 1998

An identity card issued to a protective security officer under section 32 of the Protective Security Act 2007 (being an officer whose appointment is continued under section 56) will be taken to be an identity card issued under, and to comply with, section 63I of the Police Act 1998.

59—Continuation of determinations of protected persons, places or vehicles

A determination made by the Minister under section 4 of the Protective Security Act 2007 and in force immediately before the commencement of this section—