South Australian Numbered Acts

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TAFE SA ACT 2012 (NO 28 OF 2012) - SECT 17

17—Power to make by-laws

        (1)         TAFE SA may, with the approval of the Minister, make by-laws for all or any of the following purposes:

            (a)         to prohibit persons from trespassing on TAFE SA grounds;

            (b)         to prevent damage to TAFE SA grounds or property of TAFE SA and to provide for the recovery of compensation for damage done to TAFE SA grounds or property of TAFE SA;

            (c)         to regulate the driving, riding and parking of vehicles on TAFE SA grounds, including through prohibitions and restrictions relating to speed, mass, traffic flow and other matters, requiring compliance with directions and providing for permits;

            (d)         to prescribe fees for the parking of motor vehicles on TAFE SA grounds and provide for the recovery of those fees;

            (e)         to regulate the conduct of persons on or entering TAFE SA grounds, including by—

                  (i)         prohibiting disorderly or offensive behaviour; and

                  (ii)         regulating, restricting or prohibiting the bringing of animals onto the grounds and the handling of animals while within the grounds; and

                  (iii)         regulating, restricting or prohibiting the bringing of alcoholic liquor, tobacco or other substances onto the grounds and the consumption or use of alcoholic liquor, tobacco or other substances within the grounds; and

                  (iv)         regulating the conduct of assemblies or the provision of entertainment;

            (f)         to provide for the removal from TAFE SA grounds by persons authorised in writing by TAFE SA of persons found contravening a by-law, intoxicated persons, or vehicles brought onto or left on the grounds in contravention of a by-law;

            (g)         to provide for the confiscation by persons authorised in writing by TAFE SA of any thing brought onto, left on, possessed or used on TAFE SA grounds in contravention of a by-law;

            (h)         to prescribe fines (not exceeding $1 250) for offences against the by-laws;

                  (i)         to prescribe expiation fees (not exceeding $160) for alleged offences against the by-laws;

            (j)         to prescribe other matters expedient for the maintenance of good order on TAFE SA grounds or for the protection of property or for the prevention of hindrance to or interference with activities conducted on TAFE SA grounds.

        (2)         A by-law operates generally throughout TAFE SA grounds unless its operation is expressly or by necessary implication limited to a particular part or particular parts of TAFE SA grounds.

        (3)         The Subordinate Legislation Act 1978 (except section 10AA) applies to a by-law made under this section (and consequently a by-law must be laid before Parliament and is subject to disallowance under that Act).

        (4)         A by-law is to be made and takes effect as follows:

            (a)         a copy of the proposed by-law is to be sent to each director at least 14 days before the meeting of the board at which the by-law is to be considered;

            (b)         if a majority of all the directors vote at a meeting in favour of the proposed by-law, the by-law is to be submitted to the Minister for approval;

            (c)         if the Minister approves the proposed by-law, the by-law is to be submitted to the Governor for confirmation;

            (d)         the by-law must be published in the Gazette at the expense of TAFE SA after confirmation;

            (e)         the by-law is taken to be made on the day of publication and takes effect from that day or a later day fixed by the by-law.

        (5)         If a by-law has been confirmed by the Governor and published in the Gazette, all conditions precedent to the making of the by-law will be conclusively presumed to have been fulfilled.

        (6)         A by-law cannot take away or restrict civil or criminal liability under another Act or at common law.



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