South Australian Numbered Regulations South Australian Numbered Regulations6—Insertion of regulation 5
After regulation 4 insert:
5—Notice to admit facts—prescribed form of warning
For the purposes of section 285BA(3) of the Act the prescribed form of warning
to be included in a notice under section 285BA is as follows:
You are not required to admit these facts, but if you are convicted, the Court
is required to take an unreasonable failure to make an admission in response
to this notice into account in fixing sentence.
You would unreasonably fail to admit facts if, for example, you claimed
privilege against incriminating yourself as a reason for not making the
admission and made the prosecution prove facts which were not seriously
contested at your trial.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978 ,
the Minister has certified that, in the Minister's opinion, it is necessary or
appropriate that these regulations come into operation as set out in these
regulations.