South Australian Consolidated Acts South Australian Consolidated 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), regulations may be made—
(a)
providing for the treatment of remand prisoners; and
(b)
providing for the treatment of contempt prisoners; and
(c)
providing for the treatment of prisoners, or any particular class of
prisoners, other than remand or contempt prisoners; and
(e)
regulating the conduct of prisoners, or of prisoners of a particular class;
and
(eaa)
prohibiting, restricting or regulating the supply or administration to
prisoners of drugs (including prescription drugs under the Controlled
Substances Act 1984 ); and
(ea) for
the purposes of section 37AA, including regulations—
(i)
prescribing procedures for drug testing; and
(ii)
regulating the collection of biological samples from
prisoners for the purposes of drug testing; and
(iii)
prescribing the directions that can be given to a
prisoner for the purpose of conducting an alcotest or collecting and
authenticating a biological sample; and
(iv)
prescribing higher maxima for the penalties prescribed by
sections 43 and 44 if a prisoner breaches regulations made under this
subsection, provided that those higher maxima do not exceed by more than 3
times the maxima prescribed in those sections; and
(f)
prescribing the practice and procedure, and any powers, of Visiting Tribunals;
and
(g)
prescribing the practice and procedure, and any powers, of the manager of a
correctional institution in dealing with breaches of the regulations; and
(h)
prescribing the duties of officers or employees of the Department or members
of the police force employed in correctional institutions; and
(ha)
regulating the times at which and procedure by which persons may be admitted
to correctional institutions for detention; and
(i)
prescribing the weapons or any other thing that may be
carried or used by officers or employees of the Department or members of the
police force employed in correctional institutions, and the purposes for which
and the manner in which any such weapon or thing may, or may not, be used; and
(j)
prohibiting or regulating the holding or investing of money by or on behalf of
prisoners, or of prisoners of a particular class; and
(ja)
prohibiting, restricting or regulating the holding or acquisition of personal
property (other than money) of prisoners, or of prisoners of a particular
class, (including the transfer, storage or disposal of such property); and
(ka)
prohibiting, restricting or regulating the entering into of contracts between
prisoners; and
(l)
prescribing directions that community corrections officers may give to persons
under their supervision while on parole; and
(m)
imposing fines, not exceeding $5 000, for offences against the regulations.
(3) Regulations under
this Act may—
(a) be
of general application or limited application; and
(b) make
different provision according to the persons, things or circumstances to which
they are expressed to apply; and
(c)
provide that a matter or thing in respect of which regulations may be made is
to be determined according to the discretion of the Minister or the
Chief Executive Officer; and
(d)
include evidentiary provisions to facilitate proof of contraventions of the
regulations for the purposes of proceedings for offences.