South Australian Numbered Acts South Australian Numbered ActsAfter section 4 insert:
Part 1A—Administration
Division 1—Registrar
5—Appointment of Registrar
(1) There will be a
Registrar for the purposes of this Act.
(2) The Minister will
appoint a Public Service employee to be the Registrar.
(3) The Minister may
assign a Public Service employee to act as the Registrar—
(a)
during a vacancy in the office of Registrar; or
(b) when
the Registrar is absent from, or unable to discharge, official duties.
5A—Registrar's functions
(1) The Registrar's
functions are—
(a) to
gather and maintain current information about retirement villages and
retirement village schemes in South Australia in a manner consistent with the
Registrar's obligations of confidentiality; and
(b) to
advise the Minister on the administration and operation of this Act; and
(c) to
perform any other function assigned to the Registrar by the Minister.
(2) The Registrar may,
at any time, and must, at the request of the Minister, report to the Minister
on any issue concerning retirement villages.
5B—Registrar's power to require information
(1) A person must, if
required to do so by the Registrar by written notice—
(a) give
the Registrar, within a time and in a manner stated in the notice (which must
be reasonable), information in the person's possession that the Registrar
reasonably requires for the performance of the Registrar's functions under
this Act; and
(b)
verify the information by statutory declaration.
Maximum penalty: $750.
Expiation fee: $105.
(2) A person cannot be
compelled to give information under this section if the information might tend
to incriminate the person of an offence.
5C—Registrar's obligation to preserve confidentiality
(1) The Registrar must
preserve the confidentiality of information gained in the course of the
performance of the Registrar's functions under this Act that—
(a)
could affect the competitive position of the administering authority of a
retirement village or some other person; or
(b) is
commercially sensitive for some other reason.
(2)
Subsection (1) does not apply to the disclosure of information
between—
(a)
persons engaged in the administration of this Act; or
(b) the
Registrar and the Tribunal for the purposes of resolving a dispute under this
Act.
(3) Information
classified by the Registrar as confidential is not liable to disclosure under
the Freedom of Information Act 1991 .
5D—Delegation
(1) The Registrar may
delegate a power or function vested in or conferred on the Registrar by or
under this Act—
(a) to a
particular person or body; or
(b) to
the person for the time being holding or acting in a particular office or
position.
(2) A power or
function delegated under this section may, if the instrument of delegation so
provides, be further delegated.
(3) A
delegation—
(a) may
be absolute or conditional; and
(b) does
not derogate from the power of the delegator to act in a matter; and
(c) is
revocable at will by the delegator.
5E—Annual report
(1) The Registrar
must, on or before 30 September in every year, forward to the Minister a
report on his or her work and operations for the preceding financial year.
(2) The Minister must,
within 12 sitting days after receiving a report under this section, have
copies of the report laid before both Houses of Parliament.
Division 2—Registration of retirement village schemes
5F—Register
(1) The Registrar must
maintain a register containing the following information:
(a) the
name and business address of the administering authority of each retirement
village;
(b) in
respect of each retirement village—
(i)
the name and address of the village; and
(ii)
the references for the certificates of title of the land
used for the village; and
(iii)
the name, address and contact details of the person
managing the village for or on behalf of the administering authority;
(c) any
other information that the Registrar considers appropriate.
(2) The register is to
be available for inspection, without fee, during ordinary office hours at a
public office, or public offices, determined by the Minister.
(3) The Minister must
ensure that copies of material on the register can be purchased for a
reasonable fee at the public office, or public offices, at which the register
is kept available for inspection.
5G—Notification of information required for register
(1) The administering
authority of a retirement village established after the commencement of this
section must, within 28 days after the first person is admitted to occupation
of his or her residence in accordance with the scheme, give the
Registrar—
(a) the
name and business address of the administering authority; and
(b) in
respect of the retirement village—
(i)
the name and address of the village; and
(ii)
the references for the certificates of title of the land
used for the village; and
(iii)
the name, address and contact details of the person
managing the village for or on behalf of the administering authority; and
(c) any
other information that the Registrar considers appropriate.
Maximum penalty: $2 500.
Expiation fee: $210.
(2) The administering
authority of a retirement village must, within 28 days of any change in the
information given under subsection (1) (including a change by virtue of
the sale of an interest in the land within the village, or the name of the
administering authority or business address), give the Registrar notice of
details of the change.
Maximum penalty: $2 500.
Expiation fee: $210.
(3) Any information
required under this section must be given in a manner and form determined by
the Registrar.
Division 3—Authorised officers
5H—Appointment of authorised officers
(1) The Minister may
appoint suitable persons to be authorised officers for the purposes of this
Act.
(2) An appointment may
be made subject to conditions specified in the instrument of appointment.
(3) The Minister may,
at any time, revoke an appointment of an authorised officer or vary or revoke
a condition of appointment or impose a further condition of appointment.
5I—Identification of authorised officers
(1) An authorised
officer must be issued with an identity card by the Minister.
(2) If the powers of
the authorised officer have been limited by conditions, the identity card
issued to the officer must contain a statement of those conditions.
(3) An authorised
officer must, at the request of a person in relation to whom the officer
intends to exercise powers under this Act, produce for the inspection of the
person his or her identity card.
5J—General powers of authorised officers
(1) An authorised
officer may (subject to any conditions of the officer's appointment) for the
purposes of the administration or enforcement of this Act—
(a)
subject to subsection (2)—enter and inspect any place or vehicle
and use such force as may be reasonably necessary to gain entry; or
(b)
require a person to produce documents in the person's possession or control
for inspection; or
(c)
require a person who has been issued a document under this Act, or who is
required to keep records under this Act, to produce the document or records
for inspection; or
(d)
require a person who the officer reasonably suspects has committed, is
committing or is about to commit, an offence against this Act to state the
person's full name and usual place of residence and to produce evidence of the
person's identity.
(2) An authorised
officer cannot exercise the power conferred by subsection (1)(a)
except—
(a) with
the consent of the owner or occupier of the place or the owner or person in
charge of the vehicle; or
(b) on
the authority of a warrant issued by a justice.
(3) A justice must not
issue a warrant under subsection (2) unless satisfied, by information
given on oath, that the warrant is reasonably required in the circumstances.
(4) In the exercise of
powers under this Act, an authorised officer may be assisted by such persons
as the officer considers necessary in the circumstances.
(5) An application for
a warrant under this section cannot be made to a justice who is a resident of
the retirement village in respect of which the warrant is to be executed.
5K—Offence to hinder etc authorised officers
(1) A person
who—
(a)
hinders or obstructs an authorised officer, or a person assisting an
authorised officer, in the exercise of powers conferred by this Act; or
(b) uses
abusive, threatening or insulting language to an authorised officer, or a
person assisting an authorised officer; or
(c)
refuses or fails to comply with a requirement of an authorised officer under
this Act; or
(d)
falsely represents, by words or conduct, that he or she is an authorised
officer,
is guilty of an offence.
Maximum penalty: $5 000.
(2) A person who
assaults an authorised officer, or a person assisting an authorised officer,
in the exercise of powers under this Act, is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.