South Australian Numbered Acts

HOUSING IMPROVEMENT ACT 2016 (NO 36 OF 2016) - SECT 59

59—Regulations

        (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)         prescribe fees and expenses in connection with any matter arising under this Act, which may be of varying amounts according to factors prescribed by regulation; and

            (b)         provide for the payment and recovery of prescribed fees and expenses; and

            (c)         empower or require the Minister to refund, reduce or remit any fee payable under this Act; and

            (d)         exempt, either unconditionally or subject to conditions—

                  (i)         a class of persons; or

                  (ii)         an entity; or

                  (iii)         circumstances; or

                  (iv)         a part of the State,

from this Act or specified provisions of this Act; and

            (e)         prescribe penalties, not exceeding $5 000, for breach of any regulation; and

            (f)         fix expiation fees, not exceeding $315, for alleged offences against the regulations.

        (3)         The regulations may—

            (a)         be of general application or limited application (including so as to apply only to a specified part of the State); and

            (b)         make different provision according to the persons, things or circumstances to which they are expressed to apply; and

            (c)         refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed person or body, as in force from time to time or as in force at a specified time; and

            (d)         provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed person or body.

        (4)         If the regulations refer to a code, standard or other document—

            (a)         a copy of the code, standard or 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

            (b)         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

            (c)         the code, standard or other document has effect as if it were a regulation made under this Act.