South Australian Current Acts

FIREARMS ACT 2015 - SECT 78

78—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), the regulations may—

            (a)         make provision for the making of applications for, and the grant, variation and cancellation of, and the imposition of conditions or limitations on, permits and other authorisations granted under the regulations; and

            (b)         make provision in relation to mandatory reporting and other obligations of medical practitioners, employers, licensees, firearm owners and other specified persons in relation to prescribed matters or circumstances; and

            (c)         make provision for procedures, specifications and requirements in respect of applications for, and granting and revocation of, approval of company nominees; and

            (d)         make provision in relation to the advertising of firearms for sale; and

            (e)         make provision with respect to the keeping of records and other documents or the furnishing of information and documents (including by electronic means) to the Registrar; and

            (f)         regulate the keeping and form of registers; and

            (g)         prescribe, and provide for the payment, recovery, waiver, reduction or refund of, fees for the purposes of this Act; and

            (h)         without derogating from the power to declare that a contravention of a code of practice is of a particular category under Part 6—

                  (i)         prescribe expiation fees not exceeding $1 250 for alleged offences under this Act; and

                  (ii)         prescribe fines not exceeding $5 000 for offences against the regulations.

        (3)         A regulation under this Act may confer discretionary powers.

        (4)         The regulations may be of general application or vary in their application according to prescribed factors.

        (5)         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.

        (6)         A regulation under this Act may make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or specified regulations.

        (7)         A provision referred to in subsection (6) may, if the regulations so provide, take effect from a day that is earlier than the day on which the regulation is made but, in such a case, the provision does not operate so as—

            (a)         to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of publication of the regulation; or

            (b)         to impose liabilities on any person (other than the Crown) in respect of any thing done or omitted to be done before the date of publication of the regulation.