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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Use of Public Address Systems)
Amendment Bill 2012
A BILL FOR
An Act to amend the Summary
Offences Act 1953.
Contents
Part 1—Preliminary
1Short
title
2Amendment provisions
Part 2—Amendment of Summary Offences
Act 1953
3Insertion of section
55
55Use of public address
system
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Use of Public Address
Systems) Amendment Act 2012.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Summary Offences
Act 1953
After section 54 insert:
55—Use of public address
system
(1) If a person
uses a public address system in a prescribed area without the relevant
authorisation, a police officer may—
(a) require the
person to state his or her full name and address; and
(b) issue, in
writing, a direction to the person to immediately stop using the system in the
prescribed area.
(2) Before a regulation is made prescribing an area that is within the
area of a council, the Minister must consult with the council in such manner as
the Minister thinks fit.
(3) A police officer who issues a direction to a person under
subsection (1)
must advise the person that—
(a) during the period of 6 months after the issue of the direction,
it is an offence for the person to use a public address system in the area
identified in the direction without the relevant authorisation; and
(b) if the person refuses or fails to comply with the direction or is
found using a public address system in the area identified in the direction
without the relevant authorisation, the system may be seized in accordance with
this section.
(4) If a police
officer suspects on reasonable grounds that a name or address as stated in
response to a requirement under
subsection (1)(a)
is false, he or she may require the person making the statement to produce
evidence of the correctness of the name or address as stated.
(5) A person who—
(a) refuses or fails to comply with a requirement under
subsection (1)(a)
or
(4); or
(b) in response to a requirement under
subsection (1)(a)
or
(4)—
(i) states a name or address that is false; or
(ii) produces false evidence of his or her name or address,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(6) A person who
refuses or fails to comply with a direction under
subsection (1)(b)
is guilty of an offence.
Maximum penalty: $1 250.
(7) A person who
has been issued with a direction under
subsection (1)(b)
must not, during the period of 6 months after the issue of the direction,
use a public address system in the area identified in the direction without the
relevant authorisation.
Maximum penalty: $1 250.
(8) A police
officer may seize and retain any public address system which is reasonably
suspected of being used in the commission of an offence against
subsection (6)
or
(7).
(9) If a person
claiming to be the owner of a public address system seized under
subsection (8)—
(a) applies to the Commissioner, in the manner determined by the
Commissioner, during ordinary business hours on a day no sooner than the next
business day following the day on which the seizure occurred; and
(b) pays to the Commissioner the fee prescribed by the
regulations,
the Commissioner must make the system available for collection by the
person at a time and from a place determined by the Commissioner.
(10) If no application is made in accordance with
subsection (9)
within 30 days after the day on which the seizure occurred, the public
address system is forfeited to the Crown and may be sold, destroyed or otherwise
disposed of as the Minister or the Commissioner directs.
(11) For the purposes of this section, a person has the relevant
authorisation to use a public address system in an area if the public
address system is used—
(a) with the consent of—
(i) the owner or occupier of the area; or
(ii) the Commissioner; or
(iii) the relevant council; or
(b) in the course of participating in an assembly that conforms with
approved proposals within the meaning of the Public
Assemblies Act 1972.
(12) In this section—
council means a council within the meaning of the Local
Government Act 1999.