South Australian Numbered Acts South Australian Numbered 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) Regulations under
this Act may—
(a) make
provisions of a savings or transitional nature consequent on the enactment of
this Act or the commencement of specified provisions of this Act or specified
regulations under this Act;
(b)
include evidentiary provisions to facilitate proof of breaches of the
regulations for the purposes of proceedings for offences;
(c)
prescribe fees for the purposes of this Act and regulate the payment, refund,
waiver or reduction of such fees;
(d)
prescribe amounts payable for late payment of fees so prescribed;
(e)
prescribe demerit points for offences against this Act;
(f)
prescribe expiation fees not exceeding $750 for alleged offences against the
regulations;
(g)
subject to subsection (3), prescribe fines not exceeding $20 000 for
contravention of, or non-compliance with, a regulation.
(3) A regulation made
under section 128 may prescribe fines not exceeding $100 000 for
contravention of, or non-compliance with, a regulation.
(4) Fees or demerit
points prescribed by the regulations may be differential, varying according to
any factor stated in the regulations.
(5) A provision
referred to in subsection (2)(a) may, if the regulations so provide, take
effect from the date of assent to this Act or a later day.
(6) To the extent to
which a provision referred to in subsection (2)(a) takes effect from a
date that is earlier than the date of its publication in the Gazette, the
provision does not operate so as—
(a) to
affect, in a manner prejudicial to any person (other than the Crown), the
rights of that person existing before the date of its publication; or
(b) to
impose liabilities on any person (other than the Crown) in respect of anything
done or omitted to be done before the date of its publication.
(7) The regulations
may adopt, wholly or partially and with or without modification—
(a) a
code relating to matters in respect of which regulations may be made under
this Act; or
(b) an
amendment to such a code.
(8) Any regulations
adopting a code, or an amendment to a code, may contain such incidental,
supplementary and transitional provisions as appear to the Governor to be
necessary.
(9) The regulations or
a code 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,
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; 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
Director or a prescribed authority.
(10) If a code,
standard or other document is adopted under subsection (7) or (9) as it
is in force from time to time, any alteration to the code, standard or other
document will not take effect for the purposes of this Act—
(a)
before a day on which notice of the alteration is published by the Minister in
the Gazette; and
(b) if
the Minister so specifies in a notice under paragraph (a), until a day
specified by the Minister.
(11) If—
(a) a
code is adopted by the regulations; or
(b) the
regulations, or a code 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.