South Australian Current Acts South Australian Current Acts54—Emitting excessive noise from vehicle by amplified sound equipment or
other devices
(1) If excessive noise
is emitted from a vehicle by amplified sound equipment or other devices, a
police officer may—
(a)
require the vehicle to stop; and
(b)
require the driver and any other occupant of the vehicle to state his or her
full name and address; and
(c)
issue, in writing, a direction to the driver and any other occupant of the
vehicle to immediately abate the excessive noise.
(2) A police officer
who issues a direction to a person under subsection (1), must advise the
person that, during the period of 6 months after the issue of the
direction, it is an offence to cause or allow excessive noise to be emitted
from a vehicle driven or otherwise occupied by the person by amplified sound
equipment or other devices.
(3) Noise emitted from
a vehicle is excessive for the purposes of this section if it is such as is
likely to unreasonably disturb persons in the vicinity of the vehicle.
(4) If a police
officer suspects on reasonable grounds that a name or address as stated in
response to a requirement under subsection (1)(b) is false, he or she may
require the person making the statement to produce evidence of the correctness
of the name or address as stated.
(5) A person
who—
(a)
refuses or fails to comply with a requirement under subsection (1)(a) or
(1)(b) or subsection (4); or
(b) in
response to a requirement under subsection (1)(b) or
subsection (4)—
(i)
states a name or address that is false; or
(ii)
produces false evidence of his or her name or address,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 6 months.
(6) A person who
refuses or fails to comply with a direction under subsection (1)(c) is
guilty of an offence.
Maximum penalty: $1 250.
(7) A person who has
been issued with a direction under subsection (1)(c) must not, during the
period of 6 months after the issue of the direction, cause or allow excessive
noise to be emitted from a vehicle driven or otherwise occupied by the person
by amplified sound equipment or other devices.
Maximum penalty: $1 250.
(8) In any proceedings
for an offence against this section where it is alleged that excessive noise
was emitted from a vehicle, evidence by a police officer that he or she formed
the opinion based on his or her own senses that the noise emitted from a
vehicle was such as was likely to unreasonably disturb persons in the vicinity
of the vehicle constitutes proof, in the absence of proof to the contrary,
that the noise was excessive.