South Australian Numbered Acts South Australian Numbered Acts47—Amendment of section 18—Loitering
Section 18—after subsection (2) insert:
(3) If a police officer has reasonable grounds to suspect that a person who is loitering in a public place is of a prescribed class, the officer may request that the person state the reason why he or she is in that place.
(4) The police officer must, before making the request, advise the person—
(a) that the request is being made under this section; and
(b) which prescribed class the officer believes the person belongs to.
(5) If, in response to a request by a police officer under subsection (3), a person of a prescribed class refuses or fails to state a satisfactory reason for being in that place, the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 3 months.
(6) A person is of a prescribed class for the purposes of this section if the person is—
(a) a person who has been found guilty of, or who is reasonably suspected of having committed, a serious and organised crime offence; or
(b) a prescribed drug offender within the meaning of the Criminal Assets Confiscation Act 2005 ; or
(c) a person who is subject to a firearms prohibition order under Part 2A of the Firearms Act 1977 ; or
(d) a person who is subject to a control order under the Serious and Organised Crime (Control) Act 2008 ; or
(e) a person who is subject to a weapons prohibition order under Part 3A; or
(f) a person who is subject to a consorting prohibition notice under Part 14A; or
(g) a person who is subject to a non-association or place restriction order under Part 4 Division 5 of the Summary Procedure Act 1921 ; or
(h) a person who is subject to a paedophile restraining order under Part 4 Division 7 of the Summary Procedure Act 1921 ; or
(i) a person of a class prescribed by regulation.
(7) For the purposes of subsection (6), a person may belong to a prescribed class by virtue of an offence committed, an order made or a notice issued before or after the commencement of that subsection.
(8) In any proceedings for an offence under subsection (5)—
(a) an apparently genuine document purporting to be signed by the Commissioner and to certify that at a specified time a weapons prohibition order or a consorting prohibition notice applied to, or was in force against, a specified person is admissible as evidence of the matter so certified and is, in the absence of proof to the contrary, to be regarded as proof of the matter so certified; and
(b) an apparently genuine document purporting to be signed by the Registrar of Firearms and to certify that at a specified time a firearms prohibition order applied to, or was in force against, a specified person is admissible as evidence of the matter so certified and is, in the absence of proof to the contrary, to be regarded as proof of the matter so certified.