South Australian Current Acts South Australian Current Acts (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) of this section, those regulations
may—
(a)
prescribe fees for licences and accreditations under this Act varying
according to the activity authorised under any such licence or accreditation
and the term of any such licence or accreditation; and
(b)
regulate the keeping, handling, transport, conveyance, use and disposal of any
dangerous substance; and
(c)
prescribe standards of quality and composition in relation to any
dangerous substance; and
(d)
prohibit the sale of any dangerous substance that does not conform to any
relevant prescribed standard of quality or composition; and
(e)
prescribe standards for the siting, design, construction, ventilation,
illumination, fittings, fixtures and management of premises used, or to be
used, in connection with any dangerous substance; and
(f)
prescribe standards for the design, construction, cleanliness, venting,
ventilation, marking, and maintenance of any vehicle or means of conveyance,
or any container or any other thing used, or to be used, in connection with
any dangerous substance; and
(g)
prohibit the keeping of any dangerous substance in any premises or containers
that do not conform to any standard prescribed therefor; and
(h)
prohibit the transport or conveyance of any dangerous substance in containers
or by vehicles, pipelines or any other means that do not conform to any
standard prescribed therefor; and
(i)
regulate or prohibit any activities of specified kinds in
the vicinity of any dangerous substance; and
(j)
prescribe the safety procedures to be followed and the provision, maintenance
and use of safety equipment and facilities in connection with the keeping,
handling, transport, conveyance, use and disposal of any dangerous substance;
and
(k)
regulate, restrict or prohibit the disposal of any dangerous substance; and
(l)
prohibit the handling, transport, conveyance or use of any dangerous substance
except by a person who has received the prescribed training and who is the
holder of a permit; and
(m)
prohibit the manufacture, installation, repair or maintenance of any machine,
equipment, container or device in or in connection with which any
dangerous substance is kept or used except by a person who has received the
prescribed training and who is the holder of a permit; and
(n)
provide for the grant, suspension and revocation of permits by a
Competent Authority; and
(o)
prescribe fees for permits granted by a Competent Authority; and
(p)
prescribe other fees that are to be paid in respect of any thing done under
this Act, or matter occurring under this Act, and provide for the recovery of
fees; and
(q)
regulate the manufacture, installation, repair or maintenance of any machine,
equipment, container or device in or in connection with which any
dangerous substance is kept or used; and
(r)
require the reporting to a Competent Authority of accidents occurring in
connection with the keeping, handling, transport, conveyance, use or disposal
of any dangerous substance; and
(s)
require the keeping of records and the furnishing of returns to a
Competent Authority in connection with the keeping, handling, transport,
conveyance, use or disposal of any dangerous substance; and
(t)
provide for the form or content of applications or other documents under this
Act, or provide for the approval by a Competent Authority of the form in which
applications are to be made to the Competent Authority, or the form in which
documents are to be issued by a Competent Authority, for the purposes of this
Act; and
(u) make
provision with respect to administrative procedures for the purposes of this
Act and the form of decisions under this Act; and
(v)
provide for registers of decisions and exemptions under
this Act; and
(w)
prescribe the training and qualifications required of authorised officers and
other people performing functions under this Act; and
(x)
provide that a specified provision of this Act does not
apply, or applies with prescribed variations, in any circumstance or situation
(or circumstance or situation of a prescribed class) specified by the
regulations, subject to any condition to which the regulations are expressed
to be subject; and
(y)
confer jurisdiction on the Tribunal to review decisions under the regulations;
and
(z)
prescribe matters that are to be considered in proceedings for an offence
against the regulations; and
(za) fix
expiation fees, not exceeding $1 000 in cases involving natural persons
and $5 000 in cases involving bodies corporate, for alleged offences
against the regulations; and
(zb)
prescribe fines, not exceeding $5 000 in cases involving natural persons
and $25 000 in cases involving bodies corporate, for contravention of a
regulation.
(3) The regulations
may prescribe differential fees or provide for fees to be determined according
to prescribed factors.
(4) If—
(a) the
regulations prohibit an activity unless carried on by a person who is the
holder of a permit; and
(b) a
person who is the holder of such a permit carries out that activity
(as an employee or contractor) for another person ("the principal") in the
course of a trade or business carried on by the principal,
(c) must
ensure, so far as is reasonably practicable, that the activity is carried
out—
(i)
safely; and
(ii)
in accordance with any requirements prescribed by the
regulations; and
(iii)
in a proper and competent manner; and
(d) must
ensure, so far as is reasonably practicable, that any plant used, installed,
repaired or maintained as part of, or for the purposes of, that activity is
safe and suitable for use, and complies with any requirements prescribed by
the regulations; and
(e) must
comply with any other duty imposed by the regulations for the purposes of this
provision.
Maximum penalty: $10 000.
(5) The regulations
may apply, wholly or partially and with or without modification—
(a)
regulations in force under an Act of another State, a Territory or the
Commonwealth (as in force from time to time or as in force at a particular
time); or
(b) a
code, standard, rule or other document prepared or published by a body
referred to in the regulation (as in force from time to time or as in force at
a particular time),
as regulations applying under this Act (and, in so applying such regulations,
code, standard, rule or other document, may provide for their citation for the
purposes of the law of this State).
(6) The regulations
may adopt, wholly or partially and with or without modification, a code,
standard, rule or other document prepared or published by a body referred to
in the regulation (as in force from time to time or as in force at a
particular time).
(7) Any regulations
applying or adopting a regulation, code, standard, rule or other document may
contain such incidental, supplementary or transitional provisions as appear to
the Governor to be necessary.
(8) The regulations,
or a regulation, code, standard, rule or other document applied or adopted by
the regulations, may—
(a)
refer to or incorporate, wholly or partially and with or without modification,
a code, standard, rule or other document prepared or published by a particular
body (as in force from time to time or as in force at a particular time); and
(b) be
of general or limited application; and
(c) make
different provision according to the persons, things or circumstances to which
they are expressed to apply; and
(d)
provide that any matter or thing is to be determined, dispensed with,
regulated or prohibited according to the discretion of the Minister, a
Competent Authority, an authorised officer or any other prescribed authority.
(9) If—
(a) a
regulation, code, standard, rule or other document is applied or adopted by
the regulations; or
(b) the
regulations, or a regulation, code, standard, rule or other document applied
or adopted by the regulations, refers to a code, standard, rule or other
document prepared or published by a particular body,
then—
(c) a
copy of the regulation, code, standard, rule or other document must be kept
available for inspection by members of the public, without charge and during
normal office hours, at an office or offices specified by notice in the
Gazette; and
(d) in
any legal proceedings, evidence of the contents of the regulation, code,
standard, rule or other document may be given by production of a document
purporting to be certified by or on behalf of the Minister as a true copy of
the regulation, code, standard, rule or other document.