South Australian Current Regulations South Australian Current Regulations10A—Prescribed circumstances (sections 4(2)(h) and 5(4)(f) of Act)
(1) For the purposes
of sections 4(2)(h) and 5(4)(f) of the Act the following circumstances
are prescribed:
(a) the
installation, use or maintenance of a listening device or an optical
surveillance device by officers or agents of the Department for Infrastructure
and Transport for the purpose of enforcing or ensuring compliance with a
relevant Act provided that—
(i)
the device is worn by the officer or agent when it is
being used; and
(ii)
the device is not concealed when it is being used; and
(iii)
the officer or agent wearing the device advises any
person that they are intentionally recording by the use of the device that
they are wearing the device and that it is being so used;
(b) the
installation, use or maintenance of a listening device or an optical
surveillance device by a person for the purpose of recording any test
conducted by or on behalf of the Registrar of Motor Vehicles under
section 80 of the Motor Vehicles Act 1959 ;
(c) the
installation, use or maintenance of a listening device or an optical
surveillance device by a person for the purpose of recording any test
conducted by or on behalf of the Registrar of Motor Vehicles under
section 98A(5) of the Motor Vehicles Act 1959 ;
(d) the
installation, use or maintenance of a listening device or an optical
surveillance device by a person for the purpose of recording any test
conducted by or on behalf of the Registrar of Motor Vehicles to determine the
proficiency of a person to undertake the functions and duties of an authorised
examiner under the Motor Vehicles Act 1959 ;
(e) the
installation, use or maintenance of a listening device or an optical
surveillance device by—
(i)
the holder of an instructor's licence under
section 98A of the Motor Vehicles Act 1959 for the purpose of
recording driver training activities undertaken pursuant to the licence; or
(ii)
an authorised examiner under the
Motor Vehicles Act 1959 for the purpose of conducting practical driving
tests under that Act,
provided that the device is not installed, used or maintained contrary to any
directions of the Registrar of Motor Vehicles under the Motor Vehicles
Act 1959 relating to the making of audio visual recordings of driver
training activities or practical driving tests;
(f) the
installation, use or maintenance of a listening device or an optical
surveillance device by a CBS authorised officer for the purpose of enforcing
or ensuring compliance with a relevant Act provided that when the device is
being used—
(i)
the device is worn by the officer; and
(ii)
the device is not concealed; and
(iii)
the officer wearing the device advises any person that
they are intentionally recording by the use of the device that they are
wearing the device and that it is being so used;
(g) the
installation, use or maintenance of a listening device or an optical
surveillance device by a SafeWork SA inspector for the purpose of enforcing or
ensuring compliance with a relevant Act provided that when the device is being
used—
(i)
the device is worn by the inspector; and
(ii)
the device is not concealed; and
(iii)
the inspector wearing the device advises any person that
they are intentionally recording by the use of the device that they are
wearing the device and that it is being so used.
(2) An Act is a
"relevant Act" for the purposes of subregulation (1)(a) if the Department
for Infrastructure and Transport is, under a Minister, responsible for the
administration of the Act.
(3) For the purposes
of subregulation (1)(f), each of the following
Acts is a "relevant Act":
(a) the
Associations Incorporation Act 1985 ;
(b) the
Authorised Betting Operations Act 2000 ;
(c) the
Casino Act 1997 ;
(d) the
Gambling Administration Act 2019 ;
(e) the
Gaming Machines Act 1992 ;
(f) the
Liquor Licensing Act 1997 ;
(g) the
Lotteries Act 2019 .
(4) For the purposes
of subregulation (1)(g), each of the following
Acts is a "relevant Act":
(a) the
Employment Agents Registration Act 1993 ;
(b) the
Explosives Act 1936 ;
(c) the
Fair Work Act 1994 ;
(d) the
Long Service Leave Act 1987 ;
(e) the
Work Health and Safety Act 2012 .
(5) In this
regulation—
"CBS authorised officer" means—
(a) an
authorised person under the Associations Incorporation Act 1985 ; or
(b) an
inspector under the Gambling Administration Act 2019 ; or
(c) an
authorised officer within the meaning of section 122 of the
Liquor Licensing Act 1997 ;
"SafeWork SA inspector" means—
(a) an
inspector under the Employment Agents Registration Act 1993 ; or
(b) an
inspector under the Explosives Act 1936 ; or
(c) an
inspector under the Fair Work Act 1994 ; or
(d) an
inspector under the Work Health and Safety Act 2012 .