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), the regulations may make provision as
to the following matters:
(a)
matters incidental to the making of reports under Part 3 including—
(i)
the manner and form in which a report must be made; and
(ii)
the nature of any verifying documentation or evidence to
be produced in support of a report; and
(iii)
requiring that a report contain additional information to
that required by that Part;
(b) the
form of, or the information to be included in, any notice or other document
that is required by this Act to be given to registrable offenders;
(c) the
manner and form in which the register is to be established and maintained,
including the manner and form in which information is to be entered in the
register;
(d)
requiring or permitting the Commissioner to remove specified information, or
information of a specified class, from the register;
(e) the
notification of reporting obligations to registrable offenders, including the
following:
(i)
the manner and form in which the information is to be
given to registrable offenders;
(ii)
permitting the person notifying a registrable offender to
ask the registrable offender to acknowledge being given the notice;
(iii)
making special provision for the notification of
registrable offenders who are children or who have disabilities or other
special needs;
(iv)
permitting or requiring a person or body to be notified
of a registrable offender's status as a child or person who has a disability
or other special need to facilitate notification and reporting;
(v)
providing for the notification to be given to a carer of,
or a person nominated by, a registrable offender who may be unable to
understand his or her reporting obligations or the consequences of failing to
comply with those obligations;
(vi)
requiring that a registrable offender be given additional
information to that required by this Act;
(vii)
requiring a person or body to provide specified
information to registrable offenders concerning their reporting obligations;
(viii)
requiring a person or body to inform the
Commissioner—
(A) that a registrable offender has left
the custody or control of the person or body; or
(B) that the person or body has given
specified information to a registrable offender; or
(C) that, in the opinion of the person or
body, a registrable offender does or does not have the legal capacity to
understand specified information;
(ix)
requiring a person or body to give the Commissioner any
acknowledgment by a registrable offender of the receipt of a notice or any
other specified information that is held by the person or body;
(f)
empowering the Commissioner to give directions as to which police stations are
to be used as a venue for the making of reports;
(g)
providing that a police station, or a class of police station, is not to be
used as a venue for the making of reports without the consent of the
Commissioner;
(h)
requiring a person or body to create records for the purposes of this Act and
to retain those records for a specified period or an unlimited period;
(i)
prescribing any other matter required or permitted by
this Act to be prescribed or that it is necessary or convenient to prescribe
to give effect to this Act.
(3) The
regulations—
(a) may
be of general or limited application; and
(b) may
make different provision according to the persons, things or circumstances to
which they are expressed to apply; and
(c) may
require a matter affected by the regulations to be—
(i)
in accordance with a specified standard or specified
requirement; or
(ii)
approved by, or to the satisfaction of, a specified
person or a specified class of person; or
(iii)
as specified in both subparagraphs (i) and (ii); and
(d) may
confer a discretionary authority or impose a duty on a specified person or a
specified class of person; and
(e) may
provide in a specified case or class of case for the exemption of persons or
things from any of the provisions of the regulations, whether unconditionally
or on specified conditions, and either wholly or to such an extent as is
specified; and
(f) may
impose a penalty not exceeding $2 500 for a contravention of the
regulations.