South Australian Current Acts South Australian Current Acts (1) The Governor may
make such regulations as are contemplated by this Act or as are necessary or
expedient for the purposes of this Act.
(2) Without limiting
the generality of subsection (1), those regulations may—
(a)
require the furnishing of reports (including technical or expert reports),
returns, documents or other forms of information relevant to public health
(including the management of any system or infrastructure associated with
public health) to the Chief Public Health Officer or other prescribed person
or body;
(b)
require the keeping of records, statistics and other forms of information by
any person or body that performs a function under or pursuant to this Act (and
the provision of reports based on that information);
(c)
prohibit, restrict or regulate the manufacture, possession, transport,
storage, use or disposal of any substance, material or equipment that may
create a risk to public health;
(d)
provide for the removal or destruction of any material, substance or equipment
that creates a risk to public health;
(e) set
standards or procedures that must be observed to protect public health
(including with respect to the management or inspection of any infrastructure
or other facility) and provide for public health planning (including in
connection with the operation of any other Act);
(f)
prohibit, restrict or regulate any activity, or the use or sale of any
substance, equipment or material, or the use or installation of any
infrastructure, that is relevant to the management of public health;
(g)
prescribe information that must be provided to any person or body in relation
to any activity, or the use of any substance, equipment or material, that is
relevant to the management of public health;
(h)
authorise or require the taking of specified measures to prevent the
occurrence or spread of any notifiable condition;
(i)
authorise or require the taking of specified measures to
manage any non-communicable condition (including in relation to preventing or
reducing the incidence of any such condition);
(j)
provide for such matters as are necessary in consequence of conditions
directly or indirectly caused by an emergency declared to be a public health
incident or public health emergency under this Act;
(k)
provide for the analysis or testing of samples taken under or for the purposes
of this Act, including—
(i)
the persons who may analyse or test those samples; and
(ii)
the places where those samples may be analysed or tested;
and
(iii)
the reporting of the results of the analysis or testing
of those samples;
(l)
without limiting a preceding paragraph, regulate the construction,
installation, alteration, maintenance and operation, and provide for the
inspection, of any facility, infrastructure or structure designed for human
use;
(m)
without limiting a preceding paragraph, regulate wastewater systems (or
schemes associated with wastewater systems), including by—
(i)
requiring approvals for specified classes of
wastewater systems or providing for the referral of applications for approvals
in relation to wastewater systems to specified persons or bodies; and
(ii)
in connection with the implementation or operation of a
scheme for a wastewater system for a town, regional area or other
community—
(A) requiring public notification of the
scheme; and
(B) requiring, or empowering a prescribed
authority to require, installation, alteration or connection of
wastewater systems for the purposes of the scheme; and
(iii)
regulating the connection or disconnection of
wastewater systems from the undertaking under the Sewerage Act 1929 ;
(n)
empowering a prescribed authority to carry out necessary work if an owner or
occupier of land fails to comply with the regulations and providing for the
recovery of costs or expenses reasonably incurred in doing so from the owner
or occupier;
(o) on
the recommendation of the Chief Public Health Officer, prescribe guidelines to
assist in the administration or operation of this Act;
(p)
prescribe fees and expenses in connection with any matter arising under this
Act, which may be of varying amounts according to factors prescribed in the
regulations or determined by the Minister from time to time and published in
the Gazette;
(q)
provide for the payment and recovery of prescribed fees and expenses;
(r)
empower or require the Minister or a council to refund, reduce or remit any
fee payable under this Act;
(s)
prescribe forms for the purposes of this Act;
(t)
exempt, either absolutely or subject to prescribed conditions or
limitations—
(i)
persons or classes of persons;
(ii)
areas of the State,
from this Act or specified provisions of this Act;
(u)
prescribe penalties, not exceeding $10 000, for breach of any regulation;
(v)
fix expiation fees, not exceeding $500, for alleged
offences against the regulations.
(3) The regulations
may adopt, wholly or partially and with or without modification—
(a) a
code or standard relating to matters in respect of which regulations may be
made under this Act; or
(b) an
amendment to such a code or standard.
(4) Any regulations
adopting a code or standard, or an amendment to a code or standard, may
contain such incidental, supplementary and transitional provisions as appear
to the Governor to be necessary.
(5) The regulations or
a code or standard adopted by the regulations may—
(a)
refer to or incorporate, wholly or partially and with or without modification,
a standard or other document prepared or published by a prescribed body or
person, either as in force at the time the regulations are made or as in force
from time to time; and
(b) be
of general or limited application (including so as to apply only to a
specified part of the State); and
(c) make
different provision according to the persons, things or circumstances to which
they are expressed to apply; and
(d)
provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, the Chief
Public Health Officer, the Chief Executive or a council.
(6) If—
(a) a
code or standard is adopted by the regulations; or
(b) the
regulations, or a code or standard adopted by the regulations, refers to a
standard or other document prepared or published by a prescribed body,
then—
(c) a
copy of the code, standard 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
(d) in
any legal proceedings, evidence of the contents of the code, standard or other
document may be given by production of a document purporting to be certified
by or on behalf of the Minister as a true copy of the code, standard or other
document; and
(e) the
code, standard or other document has effect as if it were a regulation made
under this Act.