South Australian Repealed Acts

This legislation has been repealed.

ABORIGINAL LANDS TRUST ACT 1966 - SECT 16A

16A—Application of the " " Public Intoxication Act 1984 to the lands

        (1)         The Public Intoxication Act 1984 applies to the lands with the following qualifications and modifications—

            (a)         a reference in that Act to a public place shall be construed as a reference to a part of the lands declared under this section to be a public place;

            (b)         a reference in that Act to an authorised officer shall be construed as a reference to an authorised officer—

                  (i)         appointed with the concurrence of the Trust; and

                  (ii)         exercising his powers within a part of the lands approved by the Trust in relation to that authorised officer;

            (c)         a member of the police force or an authorised officer appointed with the concurrence of the Commissioner of Police may, in addition to his powers under that Act, but subject to any limitation prescribed under this section, exercise any of the following powers on any part of the lands declared by proclamation under subsection (2) to be a part of the lands in relation to which those powers are exercisable:

                  (i)         the power, on reasonable suspicion that alcohol or a drug is in any premises or vehicle, to enter and search those premises or that vehicle, using such force as is necessary for the purpose;

                  (ii)         the power to stop any vehicle for the purpose of carrying out a search under subparagraph (i) ;

                  (iii)         the power to confiscate and dispose of alcohol or a drug.

        (2)         The Governor may, by proclamation made on the recommendation of the Trust—

            (a)         declare any part of the lands to be a public place for the purposes of the Public Intoxication Act 1984 ; or

            (b)         declare that the powers referred to in subsection (1)(c) are exercisable in relation to a specified part of the lands; or

            (c)         impose limitations on the exercise of the power referred to in subsection (1)(c) in a specified part of the lands; or

            (d)         vary or revoke any proclamation previously made under this subsection.

        (3)         The Trust shall not recommend the making of a proclamation under subsection (2) unless—

            (a)         a proposal for making the proclamation has been initiated from within the Aboriginal communities that would be affected by the proclamation; and

            (b)         the Trust is satisfied that those communities are in general agreement that the proclamation should be made.