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), those regulations may—
(a)
provide for the admission, exclusion or expulsion of members of the public to
or from the Reserve, or any part of it; and
(b)
regulate, restrict or prohibit the driving or parking of motor vehicles on the
Reserve; and
(ba)
regulate, restrict or prohibit the launching or entry of boats into, or the
launching, movement or mooring of boats within, any part of the Reserve
covered by water; and
(c)
regulate, restrict or prohibit the entry of animals onto the Reserve; and
(d)
prohibit disorderly or offensive behaviour on the Reserve; and
(e)
prescribe penalties, not exceeding $1 250, for breach of, or
non-compliance with, the regulations; and
(f) fix
expiation fees, not exceeding $160, for alleged offences against the
regulations.
(3) In any proceedings
for an offence against a regulation an allegation in a complaint that a person
named in the complaint was the owner or driver of a specified vehicle on a
specified day will be taken to be proved in the absence of proof to the
contrary.
(4) The owner and
driver of a motor vehicle are not both liable to be convicted of an offence
arising out of the same circumstances and consequently conviction of the owner
exonerates the driver and conversely conviction of the driver exonerates the
owner.
(5) An expiation
notice or expiation reminder notice given under the
Expiation of Offences Act 1996 to the owner of a vehicle for an alleged
offence against a regulation arising out of the use of the vehicle must be
accompanied by a notice inviting the owner, if he or she was not the driver at
the time of the alleged offence, to provide the Trust, within the period
specified in the notice, with a statutory declaration—
(a)
setting out the name and address of the driver; or
(b) if
he or she had transferred ownership of the vehicle to another prior to the
time of the alleged offence and has complied with the Motor Vehicles
Act 1959 in respect of the transfer—setting out details of the
transfer (including the name and address of the transferee).
(6) Before proceedings
are commenced against the owner of a vehicle for an offence against a
regulation arising out of the use of the vehicle, the complainant must send
the owner a notice—
(a)
setting out particulars of the alleged offence; and
(b)
inviting the owner, if he or she was not the driver at the time of the
offence, to provide the complainant, within 21 days of the date of the notice,
with a statutory declaration setting out the matters referred to in
subsection (5).
(7)
Subsection (6) does not apply to—
(a)
proceedings commenced where an owner has elected under the
Expiation of Offences Act 1996 to be prosecuted for the offence; or
(b)
proceedings commenced against an owner of a vehicle who has been named in a
statutory declaration under this section as the driver of the vehicle.
(8) Subject to
subsection (9), in proceedings against the owner of a vehicle for an
offence against a regulation, it is a defence to prove—
(a)
that, in consequence of some unlawful act, the vehicle was not in the
possession or control of the owner at the time of the alleged offence; or
(b) that
the owner provided the complainant with a statutory declaration in accordance
with an invitation under this section.
(9) The defence in
subsection (8)(b) does not apply if it is proved that the owner made the
declaration knowing it to be false in a material particular.
(10) If—
(a) an
expiation notice is given to a person named as the alleged driver in a
statutory declaration under this section; or
(b)
proceedings are commenced against a person named as the alleged driver in such
a statutory declaration,
the notice or summons, as the case may be, must be accompanied by a notice
setting out particulars of the statutory declaration that named the person as
the alleged driver.
(11) In proceedings
against a person named in a statutory declaration under this section for the
offence to which the declaration relates, it will be presumed, in the absence
of proof to the contrary, that the person was the driver of the vehicle at the
time at which the alleged offence was committed.
(12) In proceedings
against the owner or driver of a vehicle for an offence against this Act, an
allegation in the complaint that a notice was given under this section on a
specified day will be accepted as proof, in the absence of proof to the
contrary, of the facts alleged.