South Australian Consolidated Acts

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LIBRARIES ACT 1982 - SECT 41

41—Regulations

        (1)         The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (a)         provide for the use, care and protection of objects, works, collections or any other property under the care or control of the Board; and

            (b)         provide for the admission, exclusion or expulsion of members of the public to or from a library or other premises of the Board or a part of a library or those premises; and

            (c)         prohibit disorderly or offensive behaviour at a library or other premises of the Board; and

            (d)         prohibit the use of computers at a library for the purposes of accessing or transmitting defamatory, obscene or other offensive material;

            (e)         prohibit or regulate eating, drinking (including liquor), smoking or the consumption of unlawful substances at a library or other premises of the Board or a part of a library or those premises; and

            (f)         prohibit or regulate any other conduct or activities for the purposes of—

                  (i)         maintaining good order, and preventing interference with events or activities conducted, at a library or other premises of the Board; and

                  (ii)         protecting property under the care or control of the Board; and

            (g)         prohibit or regulate the driving, parking or standing of vehicles on premises of the Board; and

            (h)         prescribe fees for the parking of vehicles on premises of the Board and provide for their payment and recovery; and

                  (i)         provide that the owner and driver of a vehicle driven, parked or left standing in contravention of the regulations are each guilty of an offence and provide or exclude defences in relation to any such offence; and

            (j)         provide for the management (including disposal) by, and vesting in, the Board of unclaimed property; and

            (k)         provide for the approval by the Board or an authorised officer of any act or activity that would otherwise be prohibited under the regulations; and

            (l)         prescribe penalties not exceeding $1 250 for breach of any regulation.

        (3)         The regulations may—

            (a)         be of general 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 any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Board or another prescribed person or authority.

        (4)         In proceedings for an offence against a regulation dealing with the driving, parking or standing of vehicles—

            (a)         an allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary; and

            (b)         if it is proved that a vehicle was parked in contravention of a regulation, it will be presumed, in the absence of proof to the contrary, that the vehicle was so parked by the owner of the vehicle.



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