South Australian Current Acts South Australian Current Acts (1) Where a
senior police officer believes on reasonable grounds that it would be unsafe
for members of the public to enter a particular area, locality or place
because of conditions temporarily prevailing there, the officer may declare
the area, locality or place to be dangerous.
(2) A declaration
under this section—
(a)
comes into force when it is made but should be broadcast as soon as
practicable after that time by public radio or published in any other manner
the senior police officer thinks appropriate in the circumstances of the case;
and
(b)
remains in force for a period (not exceeding 2 days) stated in the
declaration.
(3) Where a
declaration is in force under this section, a police officer may—
(a) warn
any person apparently proceeding towards, or in the vicinity of, the dangerous
area, locality or place against entering it; and
(b)
require or signal the driver of a motor vehicle to stop so that such a warning
may be given to the occupants of the vehicle.
(4) A warning under
this section lapses—
(a) when
the relevant declaration expires; or
(b) at
some earlier time specified by a senior police officer.
(a)
enters a dangerous area, locality or place contrary to a warning under this
section; or
(b)
fails, without reasonable excuse, to stop a vehicle when required or signalled
to do so under this section,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(6)
Subsection (5)(a) does not apply to—
(a) a
person if it is reasonably necessary for the person to enter the area,
locality or place in order to protect life or property; or
(b) a
representative of the news media, unless the police officer who gave the
warning believes on reasonable grounds that the entry of the representative
into the area, locality or place would give rise to a risk of death or injury
to any person other than the representative and advises the representative
accordingly.
(7) If—
(a) a
person enters a dangerous area, locality or place contrary to a warning under
this section; and
(b) the
person is found guilty of an offence against subsection (5)(a),
the person is liable to compensate the Crown for the costs of operations
reasonably carried out for the purpose of finding or rescuing that person.
(8) In civil or
criminal proceedings under this section, a certificate apparently signed by a
senior police officer stating—
(a) that
a declaration was made under this section in relation to a particular area,
locality or place; and
(b) that
the declaration was in force for a specified period; and
(c) the
grounds on which the declaration was made,
will be accepted, in the absence of proof to the contrary, as proof of the
matters stated in the certificate.
(9) The Commissioner
must, as soon as practicable after each successive period of three months
following the commencement of this section, submit a report to the Minister in
relation to that period stating—
(a) the
number of declarations made under this section during that period;
(b) in
relation to each declaration made during that period—
(i)
the area, locality or place in relation to which the
declaration was made;
(ii)
the period for which the declaration was in force;
(iii)
the grounds on which the declaration was made;
(c) any
other matters the Commissioner considers relevant.
(10) The Minister must
cause copies of a report under subsection (9) to be laid before both
Houses of Parliament within seven sitting days after receipt of the report if
Parliament is in session, or if Parliament is not then in session, within
seven sitting days after the commencement of the next session of Parliament.
(11) A declaration may
not be made under this section in relation to circumstances arising in an
emergency for which a declaration under the Emergency Management Act 2004
or Part 11 of the South Australian Public Health Act 2011 is in force.