South Australian Numbered Acts South Australian Numbered Acts5—Insertion of sections 17AB and 17AC
After section 17A insert:
17AB—Trespassers etc at private parties
(1) If an
authorised person reasonably suspects that a person who is on premises that
are being used for a private party is not entitled to be on the premises, the
authorised person may require the person to produce evidence that he or she is
entitled to be on the premises.
(2) If a person
refuses or fails to produce evidence, in accordance with a requirement under
subsection (1), that is satisfactory to the authorised person—
(a) the
authorised person may advise the person that he or she is a trespasser on the
premises; and
(b) on
being so advised, the person will be taken to be a trespasser on the premises
for the purposes of this section and section 15A of the
Criminal Law Consolidation Act 1935 .
(3) Nothing in
subsection (2) limits the manner in which a person may become a
trespasser on premises that are being used for a private party.
(4) If—
(a) a
person trespasses on premises that are being used for a private party; and
(b) the
trespasser is asked by an authorised person to leave the premises (whether the
trespasser is asked individually or as a member of a group),
the trespasser is, if he or she fails to leave the premises immediately or
again trespasses on the premises while they are being used for the private
party, guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(5) A person who,
while trespassing on premises that are being used for a private party, uses
offensive language or behaves in an offensive manner is guilty of an offence.
Maximum penalty: $2 500.
(6) A person who
trespasses on premises that are being used for a private party must, if asked
to do so by an authorised person, give his or her name and address to the
authorised person.
Maximum penalty: $2 500.
(7) If—
(a) a
police officer attending at premises that are being used for a private party
reasonably suspects that a person on the premises is committing an offence
against this section; and
(b) an
authorised person at the premises requests the police officer to remove the
person from the premises,
the police officer may remove the person from the premises.
(8) If a person is
loitering in the vicinity of premises that are being used for a private party,
or a group of persons is assembled in the vicinity of such premises, and a
police officer believes or apprehends on reasonable grounds—
(a) that
the person or any member of the group of persons—
(i)
is or has been behaving in a disorderly, indecent or
offensive manner; or
(ii)
is or has been using offensive words; or
(iii)
in any way, except by lawful authority or on some other
lawful ground, is or has been obstructing or interfering with—
(A) a person seeking to attend the
private party; or
(B) the conduct of the private party; or
(b) that
a breach of the peace has occurred, is occurring, or is about to occur, in the
vicinity of that person or group,
the officer may request that person to cease loitering, or request the persons
in that group to disperse, as the case may require.
(9) A person of whom a
request is made under subsection (8) must leave the place and the area in
the vicinity of the place in which he or she was loitering or assembled in the
group.
Maximum penalty: $2 500 or imprisonment for 6 months.
(10) In proceedings
for an offence against this section, an allegation in the complaint
that—
(a)
specified premises were being used for a private party on a specified date and
at a specified time; or
(b) a
person named in the complaint was, on a specified date, an authorised person
in relation to specified premises,
will be accepted as proved in the absence of proof to the contrary.
(11) This section is
in addition to, and does not limit or derogate from, any other provision of
this Act or any other law.
(12) In this
section—
"authorised person", in relation to premises that are being used for a
private party, means—
(a) the
occupier of the premises, or a person acting on the authority of the occupier
of the premises; or
(b) a
person responsible for organising the party, or a person acting on the
authority of such a person,
but does not include a minor;
"occupier", in relation to premises, means the person in possession, or
entitled to immediate possession, of the premises;
"offensive" includes threatening, abusive or insulting;
"premises" means—
(a) any
land; or
(b) any
building or structure; or
(c) any
aircraft, vehicle, ship or boat;
"private party" means a party, event or celebration to which admittance is
allowed by invitation only but does not include a party, event or celebration
that is held—
(a) on
premises (other than residential premises) by or on behalf of a company or
business; or
(b) in a
public place; or
(c) on
premises, or a part of premises, in respect of which a licence is in force
under the Liquor Licensing Act 1997 (other than a limited licence granted
under that Act for a term of not more than 24 hours).
17AC—Authorised persons
(1) An
authorised person within the meaning of section 17A or section 17AB
must, at the request of a person in relation to whom the authorised person is
exercising powers under either of those sections, inform the person of—
(a) the
authorised person's name; and
(b) the
capacity in which the person is an authorised person under the relevant
section.
(2) A person must not
falsely pretend, by words or conduct, to have the powers of an
authorised person under section 17A or section 17AB.
Maximum penalty: $750.