South Australian Current Acts South Australian Current Acts (1) An offence against
this Act is a summary offence.
(2) A prosecution for
an offence against this Act cannot be commenced except by—
(a) the
Commissioner for Consumer Affairs; or
(b) an
authorised officer under the Fair Trading Act 1987 ; or
(c) a
person who has the consent of the Minister to commence the prosecution.
(3) In any
proceedings, an apparently genuine document purporting to be a certificate of
the Minister certifying authorisation of, or consent to, a prosecution for an
offence against this Act will be accepted, in the absence of proof to the
contrary, as proof of the authorisation or consent.
(4) Where a person
fails to comply with an obligation imposed by this Act and is, in consequence
of that non-compliance, convicted of an offence against this Act, the court
may order the convicted person to comply with the obligation within a time
fixed by the court.
(5) If the convicted
person fails to comply with an order under subsection (4), that person is
guilty of a further offence.
Penalty: Division 7 fine.