South Australian Numbered Acts South Australian Numbered Acts37—Substitution of sections 18 to 29
Sections 18 to 29 (inclusive)—delete the sections and substitute:
Division 7—Staff
18—Staff
(1) The board's staff consists of Public Service employees assigned to assist the board.
(2) The board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.
Division 8—Financial matters and annual reports
19—Annual budget
(1) The board must, from time to time, prepare and submit to the Minister a budget for the next financial year or for some other period determined by the Minister.
(2) The budget must set out estimates of the board's receipts and expenditures for the period to which the budget relates.
(3) The budget must conform with any requirements of the Minister as to its form and the matters to be addressed by the budget.
(4) The Minister may approve a budget submitted under this section with or without modification.
(5) Subject to subsection (6), the board must not, without the consent of the Minister, make an expenditure that is not provided for by a budget that has been approved by the Minister under this section.
(6) The board is not required to have the approval of the Minister with respect to the expenditure of money received by the board by way of a testamentary or other gift.
20—Accounts and audit
(1) The board must cause proper accounting records to be kept in relation to the financial affairs of the board, and must have annual statements of account prepared in respect of each financial year.
(2) The accounting records and the statements of account must comply with—
(a) any instructions of the Treasurer under section 41 of the Public Finance and Audit Act 1987 ; and
(b) any further requirements imposed by the Auditor-General.
(3) The Auditor-General may at any time audit the accounts of the board and must audit the annual statements of account.
21—Annual report
(1) The board must, on or before 30 September in every year, forward to the Minister a report on the work and operations of the board for the preceding financial year.
(2) The report must contain the audited statements of account of the board for the preceding financial year.
(3) 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.
Part 3—Authorised officers
22—Appointment of authorised officers
(1) The Minister may appoint persons to be authorised officers for the purposes of this Act.
(2) Each police officer is an authorised officer for the purposes of this Act.
(3) An appointment under subsection (1) may be made subject to conditions or limitations specified in the instrument of appointment (and the exercise by an authorised officer of powers conferred under this Act is subject to the conditions and limitations (if any) specified in his or her instrument of appointment).
(4) An authorised officer other than a police officer must be issued with an identity card—
(a) containing the person’s name and a photograph of the person; and
(b) stating that the person is an authorised officer for the purposes of this Act; and
(c) stating any conditions or limitations on the authorised officer’s authority.
(5) An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise any powers under this Act, produce for inspection by the person—
(a) in the case of an authorised officer appointed under subsection (1)—his or her identity card; and
(b) in the case of an authorised officer who is a police officer and is not in uniform—his or her certificate of authority.
(6) If a person in possession of an identity card issued to the person under this section ceases to be an authorised officer, the person must immediately return the identity card to the Minister.
Maximum penalty: $250.
23—Powers of authorised officers
(1) If an authorised officer reasonably suspects that a person, while at the art gallery or other premises of the board, has committed, is committing or is about to commit an offence against this or any other Act, the authorised officer may do any 1 or more of the following:
(a) require the person to state his or her full name and usual place of residence;
(b) if the authorised officer suspects on reasonable grounds that the name or place of residence stated is false—require the person to produce evidence of his or her full name or usual place of residence;
(c) require the person to leave the art gallery or those premises immediately and not to return for a stated period (not exceeding 24 hours) or not to enter the art gallery or those premises;
(d) if the person refuses or fails to comply with a requirement under paragraph (c)—use such force as is reasonably necessary for the purpose of removing or excluding the person from the art gallery or those premises;
(e) cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable.
(2) An authorised officer may also—
(a) require a person to surrender any object, substance or thing that the authorised officer reasonably suspects has been, is being, or is about to be, used at the art gallery or other premises of the board in contravention of this Act; and
(b) give such directions to persons at the art gallery or other premises of the board that the authorised officer considers necessary for—
(i) the maintenance of good order, the prevention of interference with events or other activities, or the safe and efficient regulation of vehicular or pedestrian traffic, at the art gallery or those premises; or
(ii) the protection of property under the care or control of the board; and
(c) use such force as may reasonably be required—
(i) for the purpose of removing or excluding from the art gallery or other premises of the board a person who refuses or fails to comply with a requirement or direction under this section; or
(ii) for the purposes of seizing goods under section 28; and
(d) exercise any other prescribed power.
(3) An authorised officer may, in exercising powers under this Act, be accompanied by such assistants as are reasonably required in the circumstances.
(4) For the purposes of this section, a reference to the "art gallery or other premises of the board includes a reference to a part of the art gallery or those premises.
24—Hindering etc authorised officers
(1) A person who—
(a) without reasonable excuse hinders or obstructs an authorised officer; or
(b) fails to answer a question put by an authorised officer to the best of his or her knowledge, information or belief; or
(c) produces a document that he or she knows, or ought to know, is false or misleading in a material particular; or
(d) fails without reasonable excuse to comply with a requirement or direction of an authorised officer under this Act; or
(e) uses abusive, threatening or insulting language to an authorised officer or a person assisting an authorised officer; or
(f) falsely represents, by words or conduct, that he or she is an authorised officer,
is guilty of an offence.
Maximum penalty: $2 500.
(2) A person is not obliged to answer a question or to produce a document as required under this Act if to do so might tend to incriminate the person or make the person liable to a penalty.
Part 4—Official insignia
25—Interpretation
(1) In this Part—
"official insignia" means—
(a) an official title (declared under section 26); or
(b) a logo (declared under section 26); or
(c) a combination of the above.
(2) For the purposes of this Part, goods will be taken to be marked with official insignia if the insignia is affixed or annexed to, marked on, or incorporated in or with—
(a) the goods; or
(b) any covering or container in which the goods are wholly or partly enclosed; or
(c) anything placed in or attached to any such covering or container; or
(d) anything that is attached to the goods or around which the goods are wrapped or wound.
26—Official titles and logos
(1) Art Gallery of South Australia is declared to be an official title.
(2) The Minister may, by notice in the Gazette—
(a) declare some other name under which the board may conduct its operations or part of its operations to be an official title; or
(b) declare a name or a title of an event or activity conducted or promoted by the board to be an official title; or
(c) declare a logo (being a design, the copyright of which is vested in the Crown in right of the State) to be a logo in respect of the board or a particular event or activity conducted or promoted by the board.
(3) However, the Minister must not make a declaration under subsection (2) in relation to a name or title that is registered or otherwise protected under another Act unless the Minister is acting with the consent or agreement of the person who has the benefit of the registration or protection.
(4) An official title declared under this section is not required to be registered or otherwise protected under any other Act.
(5) The Minister may, by notice in the Gazette, vary or revoke a notice under this section.
27—Unlawful use of official insignia
(1) The board has a proprietary interest in all official insignia.
(2) A person must not, without the consent of the board, in the course of a trade or business—
(a) use a name in which the board has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or
(b) sell goods marked with official insignia; or
(c) use official insignia for the purpose of promoting the sale of goods or services.
Maximum penalty: $20 000.
(3) A person must not, without the consent of the board, assume a name or description that consists of, or includes, official insignia.
Maximum penalty: $20 000.
(4) A consent under this section—
(a) may be given with or without conditions (including conditions requiring payment to the board); and
(b) may be given generally by notice in the Gazette or by notice in writing addressed to an applicant for the consent; and
(c) may be revoked by the board for breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.
(5) The Supreme Court may, on the application of the board, grant an injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this section may, on the application of the board, order the convicted person to pay compensation of an amount fixed by the court to the board.
(7) Subsections (5) and (6) do not derogate from any civil remedy that may be available to the board apart from those subsections.
28—Seizure etc of goods marked with official insignia
(1) If—
(a) goods apparently intended for a commercial purpose are marked with official insignia; and
(b) an authorised officer suspects on reasonable grounds that the use of the insignia has not been authorised by the board,
the authorised officer may seize those goods.
(2) If goods have been seized under this section and—
(a) proceedings are not instituted for an offence against section 27(2) in relation to the goods within 3 months of their seizure; or
(b) after proceedings have been instituted and completed, the defendant is not convicted,
the person from whom they were seized is entitled to recover—
(c) the goods or, if they have been destroyed, compensation equal to the market value of the goods at the time of their seizure; and
(d) compensation for any loss suffered by reason of the seizure of the goods.
(3) An action for the payment of compensation under subsection (2) may be brought against the board in any court of competent jurisdiction.
(4) The court by which a person is convicted of an offence against this Act may order that goods to which the offence relates be forfeited to the Crown.
(5) Any goods forfeited to the Crown must be disposed of in such manner as the Minister may direct and, if sold, the proceeds of the sale paid into the Consolidated Account.
Part 5—Miscellaneous
29—Gifts etc
(1) The board may accept—
(a) grants, conveyances, transfers and leases of land from the Crown, an instrumentality of the Crown or any other person or body; and
(b) rights to the use, control, management or occupation of any land; and
(c) gifts of personal property of any kind to be used or applied by it for the purposes of this Act.
(2) A gift or bequest made to or for the benefit or purposes of—
(a) the art gallery; or
(b) the board; or
(c) a former governing body of the art gallery,
will be taken to be a gift or bequest to the board and must be applied by the board towards the purposes for which the gift or bequest was made.
(3) Despite the Stamp Duties Act 1923 , no stamp duty is payable on any instrument by which land or any interest in or right over land is granted or assured to or vested in the board or on any contract or instrument executed by the board for the purpose of disposing of any property.
30—Ministerial delegation
(1) The Minister may delegate a function or power of the Minister under this Act (other than this power of delegation) to any person (including a person for the time being performing particular duties or holding or acting in a specified position).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in a matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
(4) In legal proceedings, an apparently genuine certificate, purportedly signed by the Minister containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.
31—Approvals by Treasurer
(1) An approval given by the Treasurer under this Act may be—
(a) specific or general; and
(b) conditional or unconditional.
(2) An approval given by the Treasurer may be varied or revoked by the Treasurer at any time.
32—Regulations
(1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.
(2) Without limiting the generality of subsection (1), the regulations may—
(a) provide for the use, care and protection of objects, works, collections or any other property under the care or control of the board; and
(b) provide for the admission, exclusion or expulsion of members of the public to or from the art gallery or other premises of the board or a part of the art gallery or those premises; and
(c) prohibit disorderly or offensive behaviour at the art gallery or other premises of the board; and
(d) prohibit or regulate eating, drinking (including liquor), smoking or the consumption of unlawful substances at the art gallery or other premises of the board or a part of the art gallery or those premises; and
(e) prohibit or regulate any other conduct or activities for the purposes of—
(i) maintaining good order, and preventing interference with events or activities conducted, at the art gallery or other premises of the board; and
(ii) protecting property under the care or control of the board; and
(f) prohibit or regulate the driving, parking or standing of vehicles on premises of the board; and
(g) prescribe fees for the parking of vehicles on premises of the board and provide for their payment and recovery; and
(h) provide that the owner and driver of a vehicle driven, parked or left standing in contravention of the regulations are each guilty of an offence and provide or exclude defences in relation to any such offence; and
(i) provide for the management (including disposal) by, and vesting in, the board of unclaimed property; and
(j) provide for the approval by the board or an authorised officer of any act or activity that would otherwise be prohibited under the regulations; and
(k) prescribe penalties not exceeding $1 250 for breach of any regulation.
(3) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or circumstances to which they are expressed to apply; and
(c) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the board or another prescribed person or authority.
(4) In proceedings for an offence against a regulation dealing with the driving, parking or standing of vehicles—
(a) an allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and
(b) if it is proved that a vehicle was parked in contravention of a regulation, it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle.
Part 5—Amendment of "" Carrick Hill Trust Act 1985"