South Australian Numbered Acts South Australian Numbered Acts(1) The Technical Regulator may, by notice in the Gazette, publish standards—
(a) relating to the design, manufacture, installation, inspection, alteration, repair, maintenance (including cleaning), removal, disconnection or decommissioning of—
(i) any infrastructure that is used, or is capable of being used, in the water industry; or
(ii) any equipment connected to, or any equipment, products or materials used in connection with, any infrastructure that is used, or is capable of being used, in the water industry (including on the customer's side of any connection point); or
(b) relating to plumbing, including plumbing work or any equipment, products or materials used in connection with plumbing; or
(c) providing for any other matter that this Act may contemplate as being dealt with or administered by a standard prepared or published by the Technical Regulator.
(2) Without limiting subsection (1), a standard may—
(a) specify the nature and quality of the materials from which infrastructure or equipment must be constructed; and
(b) specify the design and size of any pipes or other equipment that may be connected to any infrastructure or used in connection with plumbing; and
(c) specify requirements in relation to the construction, installation or positioning of any infrastructure or equipment; and
(d) specify the number of pipes and other equipment that may be connected to any infrastructure or device; and
(e) specify the position of pipes and other equipment connected to any infrastructure or device; and
(f) specify requirements with respect to any products or materials used in connection with any infrastructure or plumbing; and
(g) specify the procedures to be followed when installing, inspecting, replacing, altering, repairing, maintaining, removing, disconnecting or decommissioning any infrastructure or equipment; and
(h) specify requirements relating to the operation, testing or approving of any infrastructure, equipment, products or materials; and
(i) specify examination and testing requirements; and
(j) specify performance or other standards that must be met by any infrastructure, equipment, products or materials (and, in doing so, specify methodologies or other processes or criteria for assessing compliance with those standards, including as to the efficiency, impact or effectiveness of any infrastructure, equipment, products or materials); and
(k) provide for any other matter prescribed by the regulations.
(3) The Technical Regulator may, by further notice in the Gazette, vary or revoke a standard published under subsection (1) (and, as the Technical Regulator thinks fit, publish new or substitute standards).
(4) A standard published by the Technical Regulator may—
(a) be of general or limited application; and
(b) provide that a matter or thing in respect of which the standard applies is to be determined according to the discretion of the Technical Regulator, or any other person determined or approved by the Technical Regulator; and
(c) provide for exemptions to be granted (with or without conditions) by the Technical Regulator, or any other person authorised by the Technical Regulator; and
(d) apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the standard as in force from time to time or as in force at a specified time.
(5) If a code, standard or other document is applied, adopted or incorporated in a standard—
(a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at the office of the Technical Regulator; 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 apparently certified by or on behalf of the Technical Regulator as a true copy of the code, standard or other document.
(6) The Minister must, within 14 sitting days after the publication of a standard, or the variation of a standard, cause a copy of the standard or the variation (as the case may be) to be laid before both Houses of Parliament.
(7) If either House of Parliament—
(a) passes a resolution disallowing a standard laid before it under subsection (6), then the standard ceases to have effect;
(b) passes a resolution disallowing a variation laid before it under subsection (6), then the variation ceases to have effect (and the relevant standard will, from that time, apply as if it has not been varied by that variation).
(8) A resolution is not effective for the purposes of subsection (7) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the standard or variation (as the case may be) is laid before the House.
(9) If a resolution is passed under subsection (7), notice of that resolution must forthwith be published in the Gazette.
(10) Subsections (6), (7) and (8) do not apply—
(a) to the variation of a standard if the Minister certifies, on the advice of the Technical Regulator, that the variation constitutes a minor variation to an existing standard (including a standard that has adopted a national code or standard prepared by another body or authority); or
(b) in any other circumstance prescribed by the regulations.