South Australian Repealed Acts

This legislation has been repealed.

WATERWORKS ACT 1932 - SECT 43

43—Interfering with or by-passing meter

        (1)         Where the Corporation is unable to determine the quantity of water that the Corporation has supplied to any land because—

            (a)         the meter installed for measuring that water has been removed; or

            (b)         the water, or part of the water, has been supplied by means of a pipe that by-passes the meter; or

            (c)         the meter has been altered, interfered with or damaged,

the person who removed, altered, interfered with or damaged the meter or who installed a pipe by-passing the meter and the owner and occupier of the land so supplied with water shall be guilty of an offence.

Maximum penalty:

            (a)         where the offender is a body corporate—$10 000;

            (b)         where the offender is a natural person—$5 000.

Expiation fee: $315.

        (2)         It shall be a defence to a prosecution for an offence under subsection (1) for the defendant to prove—

            (a)         that the person who removed, altered, interfered with or damaged the meter or who installed a pipe by-passing the meter did so with the authority of the Corporation;

            (b)         in the case of a defendant who is the owner or occupier of the land concerned—

                  (i)         that he did not know and had no reason to suspect that the commission of an offence under subsection (1) had occurred or was likely; or

                  (ii)         that immediately after he first became aware or suspected that an offence under subsection (1) had occurred or was likely he informed the Corporation in writing of that fact.

        (3)         A person convicted of an offence under subsection (1) is liable to pay to the Corporation the costs arising from the offence in replacing the meter, removing a pipe by-passing the meter or repairing or reinstating the meter to its original condition.