South Australian Numbered Acts

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YOUTH JUSTICE ADMINISTRATION ACT 2016 (NO 6 OF 2016) - SECT 55

55—Regulations

        (1)         The Governor may make such regulations as are contemplated by this Act, or as are necessary or expedient for the purposes of this Act.

        (2)         Without limiting the generality of subsection (1)

, regulations may be made—

            (a)         regulating the administration and management of training centres; and

            (b)         prescribing the procedures to be observed in relation to the detention of a youth prior to being dealt with by a court, or while a youth is being conveyed to or from any court, or while a youth is in attendance at any court; and

            (c)         regulating the conduct of residents, or of residents of a particular class, of a training centre; and

            (d)         relating to visitors to training centres; and

            (e)         setting out rights of residents of training centres; and

            (f)         prohibiting, restricting or regulating the supply or administration to residents of drugs (including prescription drugs under the Controlled Substances Act 1984

); and

            (g)         for the purposes of section 31

, including regulations—

                  (i)         prescribing procedures for drug testing; and

                  (ii)         regulating the collection of biological samples from residents for the purposes of drug testing; and

                  (iii)         prescribing the directions that can be given to a resident for the purpose of conducting an alcotest or collecting and authenticating a biological sample; and

            (h)         prescribing the duties of employees of training centres; and

                  (i)         regulating the times at which and procedure by which youths may be admitted to training centres for detention; and

            (j)         regulating the administration of community service orders; and

            (k)         prescribing directions that community youth justice officers may give to persons under their supervision; and

            (l)         prescribing fines, not exceeding $1 250 in each case, for breach of the regulations.

        (3)         The regulations may include evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences against this Act or the regulations.

        (4)         Regulations under this Act may—

            (a)         be of general application 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 a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Chief Executive; and

            (d)         include evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences.



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