South Australian Current Acts South Australian Current Acts25—Certain variations and orders must be authorised by Court
(1) Despite any other
provision of this Division, a senior police officer must not—
(a) make
a public safety order that would operate for a period of more than
72 hours or, in the case of a public safety order relating to a specified
event that occurs over a period in excess of 72 hours, the total duration
of the event; or
(b) vary
a public safety order so that it operates for a period of more than
72 hours or, in the case of a public safety order relating to a specified
event that occurs over a period in excess of 72 hours, the total duration
of the event; or
(c) make
a public safety order relating to a person (other than a person who is a
member of a declared organisation) if that person has, within the immediately
preceding period of 72 hours, been subject to another public safety order,
unless authorised by order of the Court under this section.
(2) A senior police
officer may apply to the Court for an order (an
"authorisation order") authorising the senior police officer to make—
(a) a
public safety order; or
(b) a
variation to a public safety order,
of a kind specified in subsection (1).
(3) An
authorisation order may be made by the Court on an application made without
notice to any person.
(4) The grounds of an
application for an authorisation order must be verified by affidavit.
(5) An application to
the Court for an authorisation order may be made and dealt with by a
Magistrate by telephone as follows:
(a) the
applicant must inform the Magistrate—
(i)
of the applicant's name and rank; and
(ii)
that he or she is a senior police officer,
and the Magistrate, on receiving that information, is entitled to assume,
without further inquiry, that the applicant is authorised to make an
application under this section;
(b) the
Magistrate must satisfy himself or herself (as far as practicable) that the
case is of sufficient urgency to justify dealing with the application without
requiring the personal attendance of the applicant, by the oral questioning of
the applicant and any other available witnesses by telephone;
(c) if
the Magistrate is not satisfied that it is appropriate to deal with the
application without requiring the personal attendance of the applicant, the
Magistrate may adjourn the hearing of the application to a time and place
fixed by the Magistrate and inform the applicant of the time and place so
fixed;
(d) if
the Magistrate is satisfied that it is appropriate to deal with the
application without requiring the personal attendance of the applicant, the
applicant must inform the Magistrate of the grounds on which the applicant
proposes to make the order or the variation;
(e) if
the Magistrate is then satisfied that it is appropriate for the applicant to
make the order or variation, the Magistrate must inform the applicant of the
facts that justify, in his or her opinion, the making of the order or
variation, and must not proceed to make the order authorising the order or
variation unless the applicant undertakes to make an affidavit verifying those
facts;
(f) if
the applicant gives such an undertaking, the Magistrate may then make the
order, noting on the order the facts that justify, in the view of the
Magistrate, the making of the order or variation and informing the applicant
of the terms of the order;
(g) the
applicant must, as soon as practicable after the making of the order, forward
to the Magistrate an affidavit verifying the facts referred to in
paragraph (e);
(h) the
Magistrate must, as soon as practicable after the making of the
authorisation order, forward to the applicant a copy of the order.
(6) A Magistrate who
makes an authorisation order under subsection (5) must file the order, or
a copy of the order, and the affidavit forwarded by the applicant, in the
Court.
(7) An
authorisation order must specify the maximum period for which the relevant
public safety order (as made or varied in accordance with the
authorisation order) may operate.