{"id":"automated-external-defibrillators-public-access-act-2022","name":"Automated External Defibrillators (Public Access) Act 2022","slug":"automated-external-defibrillators-public-access-act-2022","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31602,"registerId":"sa-automated-external-defibrillators-public-access-act-2022-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automated External Defibrillators (Public Access) Act 2022","content":"South Australia\nAutomated External Defibrillators (Public Access) Act 2022\nAn Act to require the installation and registration of Automated External Defibrillators in certain buildings, facilities and vehicles and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tMeaning of designated building or facility\n5\tMeaning of prescribed building\n6\tApplication of Act—Crown\n6A\tApplication of Act—certain buildings and facilities\nPart 2—Automated External Defibrillators—general requirements\n7\tInstallation of Automated External Defibrillators—buildings and facilities\n8\tInstallation of Automated External Defibrillators—vehicles\n9\tMaintenance\n10\tSigns\nPart 3—Register and other matters\n11\tPreliminary\n12\tRegister\n13\tSoftware application\n14\tAwareness strategy\nPart 3A—Authorised officers\n15A\tAppointment of authorised officers\n15B\tIdentification of authorised officers\n15C\tPowers of authorised officers\nPart 4—Miscellaneous\n16\tDamage, destruction or removal of Automated External Defibrillator\n16A\tExemptions\n16B\tDelegation\n16C\tFalse or misleading information\n16D\tSelf‑incrimination\n17\tRegulations and fee notices\n18\tReport\nSchedule 1—Transitional provision\n1\tTransitional provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Automated External Defibrillators (Public Access) Act 2022.\n3—Interpretation\n\t(1)\tIn this Act—\namenities, of a retirement village, includes kitchens, toilets, gymnasiums, pools and dining areas, but does not include pathways, roads and driveways;\nAustralian Register of Therapeutic Goods means the register maintained under section 9A of the Therapeutic Goods Act 1989 of the Commonwealth;\nauthorised officer means a person appointed to be an authorised officer under Part 3A;\nAutomated External Defibrillator means a portable device able to treat cardiac arrest by applying an electric shock to restore normal heart rhythm that is—\n\t(a)\tincluded on the Australian Register of Therapeutic Goods; or\n\t(b)\tif there is no Automated External Defibrillator included on the Australian Register of Therapeutic Goods—approved by the Minister for the purposes of this Act;\nbuilding means a structure with a roof and walls;\ncorrectional facility means—\n\t(a)\ta correctional institution within the meaning of the Correctional Services Act 1982; or\n\t(b)\ta custodial police station within the meaning of section 78 of the Summary Offences Act 1953; or\n\t(c)\ta facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016;\ndesignated building or facility—see section 4;\nemergency services organisation means—\n\t(a)\tthe South Australian Country Fire Service; or\n\t(b)\tthe South Australian Metropolitan Fire Service; or\n\t(c)\tthe South Australian State Emergency Service; or\n\t(d)\tan organisation prescribed by the regulations;\nhospital has the same meaning as in the Health Care Act 2008;\nlicensed children's residential facility has the same meaning as in the Children and Young People (Safety) Act 2017;\nmajor works means improvements, repairs or other physical changes to a building the cost of which exceeds $100 000;\nowner, in relation to a building or facility, means the owner of the land on which the building or facility is situated, being—\n\t(a)\tif the land is unalienated from the Crown—the Crown; or\n\t(b)\tif the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or\n\t(c)\tif the land is held from the Crown by lease or licence—the lessee or licensee; or\n\t(d)\tif the land is held from the Crown under an agreement to purchase—the person who has the right to purchase;\nprescribed building—see section 5;\nprescribed vehicle—see section 8(4);\npublic building or facility means a building or facility to which the public has access (whether or not admission is obtained by payment of money) and includes—\n\t(a)\ta swimming pool; and\n\t(b)\ta library; and\n\t(c)\ta local government office; and\n\t(d)\ta town hall; and\n\t(e)\ta building or facility, or class of buildings or facilities, prescribed by the regulations,\nbut does not include—\n\t(f)\ta building or facility (other than a building or facility referred to in a preceding paragraph) that is not a relevant building or a relevant facility; and\n\t(g)\ta building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations;\nrelevant authority, for an emergency services organisation, means—\n\t(a)\tin the case of the South Australian Country Fire Service (SACFS)—the Chief Officer of SACFS; or\n\t(b)\tin the case of the South Australian Metropolitan Fire Service (SAMFS)—the Chief Officer of SAMFS; or\n\t(c)\tin the case of the South Australian State Emergency Service (SASES)—the Chief Officer of SASES; or\n\t(d)\tin the case of an organisation prescribed by the regulations—the person prescribed by the regulations as the relevant authority for the organisation;\nrelevant authority, for a prescribed vehicle, means the entity prescribed by the regulations as the relevant authority for the vehicle;\nrelevant building means—\n\t(a)\ta building that has a floor area of 600 m² or more; or\n\t(b)\ta building, or class of buildings, prescribed by the regulations;\nrelevant day means the day on which section 4 comes into operation;\nrelevant facility means—\n\t(a)\t2 or more relevant buildings that are owned by the same person and used for related purposes where any part of the buildings are within the prescribed distance of another of the buildings; or\n\t(b)\tenclosed (whether fully or partially) structures with a floor area of 600 m² or more used for sporting or recreational activities attended by the public; or\nNote—\nSuch facilities include sporting stadia and arenas and aquatic centres.\n\t(c)\ta facility, or class of facilities, prescribed by the regulations;\nschool has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011;\nsmartphone means mobile telephone with an operating system capable of running software applications;\ntertiary institution includes a university and TAFE SA;\nvehicle includes aircraft and a boat but does not include a motorbike, horse or a vehicle excluded from the ambit of this definition by the regulations.\n\t(2)\tA reference in this Act, other than in section 10, to an Automated External Defibrillator installed in a building or facility includes a reference to an Automated External Defibrillator installed in an external area on or around the building or facility.\n\t(3)\tFor the purposes of this Act, land will be taken to be used for commercial purposes if—\n\t(a)\tan occupier of the land solely or primarily sells goods, or provides services, for money or other consideration on the land; or\n\t(b)\tthe land is used for purposes of a kind prescribed by the regulations.\n\t(4)\tFor the purposes of this Act, the regulations may—\n\t(a)\tprovide for 1 or more methods of calculating the floor area of a building or facility; or\n\t(b)\tprovide that certain areas, or classes of areas, of a building or facility are not to be included for the purposes of calculating the floor area of the building or facility.\n\t(5)\tFor the purposes of this Act, if 2 or more buildings constitute a facility, or a relevant facility for the purposes of the definition of relevant facility in subsection (1), they will be treated as a facility, or a relevant facility, (as the case may be) rather than as buildings.\n4—Meaning of designated building or facility\nFor the purposes of this Act, the following buildings or facilities are\ndesignated buildings or facilities (whether constructed before or after the relevant day):\n\t(a)\ta public building or facility;\n\t(b)\ta prescribed sporting facility;\n\t(c)\ta school, tertiary institution or education facility that provides skills training;\n\t(e)\ta retirement village (within the meaning of the Retirement Villages Act 2016) where 1 or more amenities are shared by residents;\n\t(f)\ta facility that provides residential care within the meaning of the Aged Care Act 1997 of the Commonwealth;\n\t(g)\ta caravan park;\n\t(h)\ta residential park (within the meaning of the Residential Parks Act 2007) occupied (or that allows for occupation) by more than 12 residents;\n\t(i)\ta casino or other venue where gambling is authorised, other than a venue where the only gambling authorised is the selling and buying of lottery tickets;\n\t(j)\ta theatre or other venue where artistic or cultural performances are provided;\n\t(k)\ta building or facility, or class of building or facility, prescribed by the regulations,\nbut does not include a building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations.\n5—Meaning of prescribed building\nFor the purposes of this Act, the following buildings are prescribed buildings:\n\t(a)\ta building on land used for commercial purposes if—\n\t(i)\tconstruction of the building commences after the relevant day; or\n\t(ii)\tmajor works to the building commence after the relevant day,\nand if, after completion of the construction or major works, the floor area of the building will be more than 600 m2;\n\t(b)\ta relevant building (whether constructed before or after the relevant day) on land in respect of which there is, after the relevant day, a change in the use of the land to use for commercial purposes;\n\t(c)\ta building, or class of buildings, prescribed by the regulations,\nbut does not include a building, or class of buildings, excluded from the ambit of this definition by the regulations.\n6—Application of Act—Crown\nThis Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown.\n6A—Application of Act—certain buildings and facilities\n\t(1)\tDespite any other provision of this Act, this Act does not apply to the following buildings or facilities:\n\t(a)\ta hospital or other medical facility that complies with the requirements prescribed by the regulations;\n\t(b)\ta correctional facility;\n\t(c)\ta licensed children's residential facility or a residential facility (not being a training centre) established or licensed under the Family and Community Services Act 1972;\n\t(d)\ta building or facility (other than a designated building or facility) where the entire building or facility is not accessible to the public;\n\t(e)\tany other building or facility, or class of buildings or facilities, prescribed by the regulations for the purposes of this section.\n\t(2)\tFor the purposes of subsection (1)(d), a building or facility will be taken to be accessible to the public if the public can obtain access to the building or facility, or part of the building or facility, by payment of money.\nPart 2—Automated External Defibrillators—general requirements\n7—Installation of Automated External Defibrillators—buildings and facilities\n\t(1)\tThe owner of—\n\t(a)\ta designated building or facility; or\n\t(b)\ta prescribed building,\nmust—\n\t(c)\tin the case of a relevant designated building or facility or prescribed building—ensure that 1 Automated External Defibrillator is installed in the building or facility for every 1 200 m2 of publicly accessible floor area of the building or facility up to a maximum prescribed by regulation; or\n\t(d)\tin any other case—ensure that an Automated External Defibrillator is installed in the building or facility.\n\t(2)\tA person who contravenes or fails to comply with a requirement under this section is guilty of an offence.\nMaximum penalty: $20 000.\nExpiation fee: $5 000.\n\t(2a)\tFor the purposes of the definition of publicly accessible floor area, unobstructed access to a building or facility, or part of a building or facility, includes access to the building or facility, or part of the building or facility, obtained by payment of money.\n\t(3)\tIn this section—\npublicly accessible floor area, in relation to a building or facility, means—\n\t(a)\tin relation to a building or facility only part of which is open to the public—the floor area of the part of the building or facility to which the public has unobstructed access while that part of the building or facility is open to the public; or\n\t(b)\tin any other case—the floor area of the building or facility to which the public has unobstructed access while the building or facility is open to the public;\nrelevant designated building or facility or prescribed building means a designated building or facility or prescribed building that—\n\t(a)\tis on land used for commercial purposes; and\n\t(b)\thas a publicly accessible floor area of more than 1 200 m2,\nbut does not include a building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations.\n8—Installation of Automated External Defibrillators—vehicles\n\t(1)\tThe relevant authority for an emergency services organisation must ensure that an Automated External Defibrillator is installed in each vehicle used in the provision of emergency services by the organisation for use by, or on behalf of, the organisation.\n\t(2)\tThe relevant authority for a prescribed vehicle must ensure that an Automated External Defibrillator is installed in the vehicle.\n\t(3)\tA person who contravenes or fails to comply with a requirement under subsection (2) is guilty of an offence.\nMaximum penalty: $20 000.\nExpiation fee: $5 000.\n\t(4)\tIn this section—\nbus means a motor vehicle built mainly to carry people that seats over 14 adults (including the driver);\nprescribed vehicle means a train, tram, public bus or any other vehicle prescribed by the regulations for the purposes of this section;\npublic bus means a bus engaged in regular passenger services under the Passenger Transport Act 1994.\n9—Maintenance\n\t(1)\tA designated entity in respect of a building, facility or vehicle in which an Automated External Defibrillator is installed in accordance with this Act must ensure that the Automated External Defibrillator is maintained in accordance with any instructions of the manufacturer of the Automated External Defibrillator.\n\t(2)\tA person who contravenes or fails to comply with a requirement under this section is guilty of an offence.\nMaximum penalty: $20 000.\nExpiation fee: $5 000.\n\t(3)\tIn this section—\ndesignated entity, in respect of a building, facility or vehicle in which an Automated External Defibrillator is installed, means—\n\t(a)\tin the case of a building or facility—the owner of the building or facility; or\n\t(b)\tin the case of a vehicle used in the provision of emergency services—the relevant authority for the emergency services organisation responsible for installation of the Automated External Defibrillator in the vehicle under section 8(1); or\n\t(c)\tin the case of a prescribed vehicle—the relevant authority for the prescribed vehicle.\n10—Signs\n\t(1)\tIf an Automated External Defibrillator is installed inside a building or facility, the owner of the building or facility must—\n\t(a)\tnear to the Automated External Defibrillator; and\n\t(b)\toutside, and near to an entrance of, the building or facility,\ninstall a sign indicating that an Automated External Defibrillator is nearby.\n\t(2)\tIf an Automated External Defibrillator is installed outside a building or facility, the owner of the building or facility must, near to the Automated External Defibrillator, install a sign indicating that an Automated External Defibrillator is nearby.\n\t(3)\tIf an Automated External Defibrillator is installed in a vehicle—\n\t(a)\tin the case of a vehicle used in the provision of emergency services—the relevant authority for the emergency services organisation responsible for installation of the Automated External Defibrillator in the vehicle under section 8(1); or\n\t(b)\tin the case of a prescribed vehicle—the relevant authority for the prescribed vehicle,\nmust, on the outside of the vehicle, install a sign indicating that an Automated External Defibrillator is in the vehicle.\n\t(4)\tA person who contravenes or fails to comply with a requirement under this section is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $500.\n\t(5)\tThe regulations may prescribe additional requirements in relation to signs.\nPart 3—Register and other matters\n11—Preliminary\nIn this Part—\nMinister means the Minister responsible for the administration of the Health Care Act 2008.\n12—Register\n\t(1)\tThe Minister must establish and maintain a register of Automated External Defibrillators installed in buildings and facilities in accordance with this Act.\n\t(2)\tThe register must contain the following information in respect of each Automated External Defibrillator:\n\t(a)\tits location;\n\t(b)\tthe times during which it is accessible by the public;\n\t(c)\tinformation prescribed by the regulations.\n\t(3)\tThe information in the register must be made available on a website determined by the Minister and accessible by the public without charge in a format determined by the Minister.\n\t(4)\tThe owner of a building or facility in which an Automated External Defibrillator is installed in accordance with this Act must—\n\t(a)\tprovide the information set out in subsection (2) to the Minister in the manner and form determined by the Minister—\n\t(i)\tin the case of an Automated External Defibrillator installed before the relevant day—within 2 weeks after the relevant day; or\n\t(ii)\tin any other case—within 2 weeks after the installation; and\n\t(b)\tnotify the Minister in the manner and form determined by the Minister of any change to the information provided in accordance with paragraph (a) within 2 weeks after the change.\n\t(5)\tA person who contravenes or fails to comply with a requirement under subsection (4) is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $500.\n\t(6)\tThe regulations may provide that this section does not apply, or applies with prescribed modifications, to an Automated External Defibrillator or a class of Automated External Defibrillators.\n13—Software application\n\t(1)\tThe Minister must ensure that a software application compatible with smartphones is able to provide a registered user of the software application with the location of the Automated External Defibrillator that is nearest to the registered user and—\n\t(a)\tis installed in a building or facility in accordance with this Act; and\n\t(b)\tis accessible by the public at the time the software application is being used by the registered user.\n\t(2)\tThe software application referred to in subsection (1) may—\n\t(a)\tenable only a certain class of persons to be registered users of the application; or\n\t(b)\tprovide for conditions with which registered users are required to comply.\n\t(3)\tThe regulations may provide that this section does not apply, or applies with prescribed modifications, to an Automated External Defibrillator or a class of Automated External Defibrillators.\n14—Awareness strategy\n\t(1)\tThe Minister must develop and implement a strategy for the purposes of informing the public about Automated External Defibrillators, and the strategy must include information about the following:\n\t(a)\tlocating and registering existing Automated External Defibrillators;\n\t(b)\tinstalling signs indicating that an Automated External Defibrillator is nearby;\n\t(c)\tthe fact that a person does not need to be trained to use an Automated External Defibrillator.\n\t(2)\tThe strategy must be implemented as soon as practicable after the relevant day and the Minister must ensure that it is promoted for at least 5 years.\nPart 3A—Authorised officers\n15A—Appointment of authorised officers\n\t(1)\tThe Minister may appoint suitable persons to be authorised officers for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tThe Minister may, at any time, revoke an appointment of an authorised officer or vary or revoke a condition of appointment or impose a further condition of appointment.\n15B—Identification of authorised officers\n\t(1)\tAn authorised officer must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer under this Act.\n\t(2)\tIf the powers of the authorised officer have been limited by conditions, the identity card issued to the officer must contain a statement of those conditions.\n\t(3)\tAn authorised officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for the inspection of the person their identity card.\n15C—Powers of authorised officers\n\t(1)\tAn authorised officer may exercise the following powers for the purposes of the administration or enforcement of this Act:\n\t(a)\tenter and inspect, at any reasonable time, a building, facility, vehicle or other place that the authorised officer believes on reasonable grounds to be a building, facility or vehicle in which an Automated External Defibrillator must be installed in accordance with this Act (and, if entry is refused, may employ such force as is reasonably necessary to gain entry);\n\t(b)\trequire a person to produce documents for inspection;\n\t(c)\texamine, copy or take extracts from a document or record so produced or require a person to provide a copy of such a document or record;\n\t(d)\ttake photographs, films, audio, video or other recordings;\n\t(e)\tgive expiation notices for alleged offences against this Act.\n\t(2)\tA person must not—\n\t(a)\thinder or obstruct an authorised officer in the exercise of powers under this section; or\n\t(b)\trefuse or fail to comply with a requirement made under this section.\nMaximum penalty: $10 000.\nPart 4—Miscellaneous\n16—Damage, destruction or removal of Automated External Defibrillator\n\t(1)\tA person who intentionally and without lawful authority—\n\t(a)\tdamages or destroys an Automated External Defibrillator installed in accordance with this Act; or\n\t(b)\tremoves an Automated External Defibrillator installed in accordance with this Act from the location at which it is installed,\nis guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 1 year.\n\t(2)\tIt is a defence to a charge of an offence against this section if the defendant proves that—\n\t(a)\tthe damage, destruction or removal of the Automated External Defibrillator occurred in the course of using the Automated External Defibrillator to treat a person who the defendant reasonably believed to be suffering from cardiac arrest; or\n\t(b)\tin the case of an offence against subsection (1)(b)—the removal of the Automated External Defibrillator was by, or at the direction of, the designated entity in respect of the building, facility or vehicle in which the Automated External Defibrillator is installed.\n\t(3)\tIn this section—\ndesignated entity has the same meaning as in section 9.\n16A—Exemptions\n\t(1)\tThe Minister may, by notice in writing, exempt a specified building, facility, vehicle or person from the operation of this Act or a specified provision or provisions of this Act.\n\t(2)\tAn exemption—\n\t(a)\tmay be conditional or unconditional; and\n\t(b)\tmay be varied or revoked by the Minister by further notice in writing.\n16B—Delegation\n\t(1)\tA Minister conferred with functions under this Act may delegate a function conferred on them to a specified body or person (including a person for the time being holding or acting in a specified office or position).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the ability of the delegator to act in any matter; and\n\t(d)\tis revocable at will.\n\t(3)\tA function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n16C—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: $10 000.\n16D—Self‑incrimination\nIf a person is required to provide information or to produce a document under this Act and the information or document would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, but the information or document so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information.\n17—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\texempt a person or vehicle, or a class of persons or vehicles, from the application of this Act or a specified provision or provisions of this Act; and\n\t(ab)\tprescribe requirements in relation to the placement and accessibility of Automated External Defibrillators installed in accordance with this Act; and\n\t(ac)\tmake provision in relation to what constitutes, or does not constitute, installation of an Automated External Defibrillator or a sign for the purposes of this Act; and\n\t(b)\tprovide for the payment, recovery or waiver of fees prescribed by fee notice; and\n\t(c)\tprovide for fines, not exceeding $10 000, for offences against the regulations; and\n\t(d)\tprovide for expiation fees, not exceeding $315, for offences against the regulations; and\n\t(e)\tprovide for the facilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or a specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or a specified person or body.\n\t(4)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n\t(5)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n18—Report\n\t(1)\tThe Minister must prepare a report on how the Government will provide support to persons who are required by this Act to install an Automated External Defibrillator.\n\t(2)\tThe Minister must, within 6 months of the commencement of this section, have copies of the report laid before both Houses of Parliament.\n\t(3)\tIn this section—\nMinister means the Minister responsible for the administration of the Health Care Act 2008.\nSchedule 1—Transitional provision\n1—Transitional provision\nThis Act does not apply in respect of—\n\t(a)\tany building or facility owned by a person that is not the Crown (or an agency or instrumentality of the Crown); or\n\t(b)\tany prescribed vehicle,\nuntil 1 January 2026.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2022\n27\nAutomated External Defibrillators (Public Access) Act 2022 \n8.12.2022\n8.12.2022: s 2(1) except ss 3 to 17—1.1.2025: s 2(2)\n2024\n44\nAutomated External Defibrillators (Public Access) (Miscellaneous) Amendment Act 2024\n24.10.2024\n1.1.2025 immediately after s 3 of 27/2022: s 2\n2025\n69\nStatutes Amendment (Health and Wellbeing) Act 2025\n4.12.2025\nPt 4 (s 8)—4.12.2025: s 2(1)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n4.12.2025\ns 3\n\n\ns 3(1)\n\n\namenities\ninserted by 44/2024 s 3(1)\n1.1.2025\nauthorised officer\ninserted by 44/2024 s 3(2)\n1.1.2025\nbuilding\ninserted by 44/2024 s 3(3)\n1.1.2025\ncorrectional facility\ninserted by 44/2024 s 3(3)\n1.1.2025\nhospital\ninserted by 44/2024 s 3(4)\n1.1.2025\nlicensed children's residential facility\ninserted by 44/2024 s 3(4)\n1.1.2025\nowner\ninserted by 44/2024 s 3(5)\n1.1.2025\npublic building or facility\namended by 44/2024 s 3(6)—(8)\n1.1.2025\nrelevant authority\ninserted by 44/2024 s 3(9)\n1.1.2025\nrelevant building\ninserted by 44/2024 s 3(9)\n1.1.2025\nrelevant facility\ninserted by 44/2024 s 3(9)\n1.1.2025\ns 3(3)—(5)\ninserted by 44/2024 s 3(10)\n1.1.2025\ns 4\n(d) deleted by 44/2024 s 4(1)\n1.1.2025\n\namended by 44/2024 s 4(2), (3)\n1.1.2025\ns 5\namended by 44/2024 s 5(1), (2)\n1.1.2025\ns 6A\ninserted by 44/2024 s 6\n1.1.2025\nPt 2\n\n\ns 7\n\n\ns 7(1)\namended by 44/2024 s 7(1), (2)\n1.1.2025\ns 7(2)\namended by 44/2024 s 7(3)\n1.1.2025\ns 7(2a)\ninserted by 44/2024 s 7(4)\n1.1.2025\ns 7(3)\n\n\npublicly accessible floor area\ninserted by 44/2024 s 7(5)\n1.1.2025\nrelevant designated building or facility or prescribed building\namended by 44/2024 s 7(6), (7)\n1.1.2025\ns 8\n\n\ns 8(1)\namended by 44/2024 s 8(1)\n1.1.2025\ns 8(2)\namended by 44/2024 s 8(2)\n1.1.2025\ns 8(3)\namended by 44/2024 s 8(3)\n1.1.2025\ns 9\n\n\nheading\namended by 69/2025 s 8\n4.12.2025\ns 9(1)\nsubstituted by 44/2024 s 9(1)\n1.1.2025\ns 9(2)\namended by 44/2024 s 9(2)\n1.1.2025\ns 9(3)\n\n\ndesignated entity\namended by 44/2024 s 9(3)\n1.1.2025\ns 10\n\n\ns 10(3)\namended by 44/2024 s 10(1)\n1.1.2025\ns 10(4)\namended by 44/2024 s 10(2)\n1.1.2025\nPt 3\n\n\ns 12\n\n\ns 12(1)\namended by 44/2024 s 11(1)\n1.1.2025\ns 12(3)\nsubstituted by 44/2024 s 11(2)\n1.1.2025\ns 12(4)\namended by 44/2024 s 11(3), (4)\n1.1.2025\ns 12(5)\namended by 44/2024 s 11(5)\n1.1.2025\ns 12(6)\nsubstituted by 44/2024 s 11(6)\n1.1.2025\ns 13\nsubstituted by 44/2024 s 12\n1.1.2025\ns 15\ndeleted by 44/2024 s 13\n1.1.2025\nPt 3A\ninserted by 44/2024 s 14\n1.1.2025\nPt 4\n\n\nss 16A—16D\ninserted by 44/2024 s 15\n1.1.2025\ns 17\n\n\ns 17(2)\namended by 44/2024 s 16(1)—(3)\n1.1.2025\nSch 1\n\n\ncl 1\namended by 44/2024 s 17\n1.1.2025\nHistorical versions\n1.1.2025\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Amendments and subsequent provisions broadened and operationalised the original installation/registration objective. Compared with a narrow original aim to require AEDs in certain buildings, the Act now: explicitly covers vehicles (s 8); defines detailed classes of designated and prescribed buildings and floor‑area thresholds (ss 4–5); creates a public register and a smartphone application obligation (ss 12–13); sets out maintenance, signage and reporting duties (ss 9–10, 18); establishes authorised officers with inspection and entry powers (Part 3A); and provides broad Ministerial regulation, exemption and delegation powers (ss 16A, 16B, 17). A transitional delay to 1 January 2026 for private owners and prescribed vehicles (Schedule 1) was added. Those additions materially expand administrative architecture, enforcement mechanisms and Ministerial discretion beyond simply requiring AEDs in a limited set of premises."},"complexity_factors":["Multiple defined terms with thresholds (e.g. relevant building: 600 m2; AED density: 1 per 1,200 m2) (ss 3,5,7)","Extensive delegation to regulations for lists, exclusions and technical details (s 17)","Numerous conditional exemptions and exclusions including Ministerial written exemptions (s 16A) and regulatory exclusions (ss 4,5,6A)","Several separate offence provisions with different maximum penalties and expiation fees (ss 7,8,9,10,12,16,16C)","Introduction of an authorised‑officer regime with broad inspection and entry powers including the use of reasonable force (Part 3A, s 15C)","Cross‑references to Commonwealth registers/standards (Australian Register of Therapeutic Goods) and other State Acts (s 3)","Operational requirements that depend on administrative determinations (Ministerial forms, website and app format, and timing rules) (ss 12–13)","Transitional timing that delays application to private owners and prescribed vehicles until a specific date (Schedule 1)","Multiple actor types with differing duties (owners, relevant authorities for emergency orgs and prescribed vehicles, Minister)","Incorporation-by-reference power for codes or standards in regulations (s 17(3)–(4) )"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Requires owners or responsible authorities to install, signpost, maintain and register Automated External Defibrillators (AEDs) in specified buildings, facilities and some vehicles (see Parts 2 and 3). Key duties include:\n  - Installation: one AED in smaller designated buildings or, for larger commercial premises, one AED per 1,200 m2 of publicly accessible floor area (subject to any regulation cap) (s 7).\n  - Vehicles: emergency services vehicles and prescribed public vehicles must carry AEDs (s 8).\n  - Maintenance: AEDs must be maintained in accordance with the manufacturer’s instructions (s 9).\n  - Signs: buildings, facilities and vehicles that have an AED must display signs nearby and at entrances where relevant (s 10).\n  - Registration: the Minister must keep a public register with each AED’s location and public access times; owners must supply and update that information within two weeks (s 12).\n  - Technology and awareness: the Minister must provide a smartphone-compatible application to show the nearest accessible registered AED and run a public awareness strategy for at least five years (ss 13–14).\n- Enforcement and penalties: the Act creates offences for non‑compliance (various maximum fines and expiation fees), false or misleading information, obstruction of authorised officers and intentional damage/removal of AEDs (see ss 7–10, 12, 16, 16C). An authorised‑officer regime gives inspectors powers to enter and inspect premises (Part 3A).\n- Delegation, exemptions and regulation: the Minister may grant written exemptions, delegate functions, make regulations that prescribe details (including classes of buildings/vehicles, signage, accessibility and fees) and incorporate codes/standards by reference (ss 16A, 16B, 17).\n- Transition: the duties owed by non‑Crown private owners and prescribed vehicles are delayed until 1 January 2026 (Schedule 1).\n\n**Who this affects**\n\n- Primary dutyholders:\n  - Owners of designated buildings or prescribed buildings (defined lists and thresholds apply) (ss 3–5, 7).\n  - Relevant authorities for emergency services organisations and prescribed vehicles (s 8).\n- Secondary/other affected parties:\n  - Minister (to establish and maintain the register, run the app and awareness campaign) (ss 12–14).\n  - Authorised officers (appointed to inspect and enforce) and persons who must respond to inspection requests (Part 3A).\n  - The public — gains access to information about AED locations via a public website and a smartphone app (ss 12–13).\n\n**Why it matters (stated purpose, then practical implications)**\n\n- Stated purpose: the Act is framed to increase public access to AEDs by mandating their presence, registration and visibility and by providing technology and awareness supports (title and Parts 2–3).\n\n- Practical implications and trade‑offs you should be aware of:\n  - Who pays: owners of designated/prescribed buildings (often commercial landlords, facility owners, or municipal operators) and relevant authorities for vehicles will bear purchase, installation, signage and ongoing maintenance costs (ss 7–10, 9). The Crown is bound but not criminally liable (s 6).\n  - Compliance burden: owners must measure publicly accessible floor area, decide AED siting to meet the floor‑area formula, keep registers current and follow manufacturer maintenance instructions; failure attracts fines and expiation notices (ss 7, 9, 12).\n  - Regulatory discretion and uncertainty: many operational details (classes of buildings, vehicle types, signage specifications, floor‑area calculations, exemptions and caps) are left to regulation or Ministerial notice, which concentrates practical decision-making power in the executive and may create implementation variability (ss 4–5, 8(4), 16A, 17).\n  - Enforcement intrusions: authorised officers may enter premises (and use reasonable force if refused entry) and require documents and photographs; there are obstructing/offence provisions for non‑cooperation (Part 3A).\n  - Effects on private enterprise: cost-raising for affected owners (capital and recurrent), potentially recoverable through leases or service charges but still an added operational cost; could affect pricing, contracting for venue services, or decisions about major works (ss 5, 7). Some owners may seek exemptions (s 16A) or adjust access hours to limit registration obligations.\n  - Concentration of benefits vs diffuse costs: benefits (quicker AED access) are diffuse across the public; costs (purchase, upkeep, signage, compliance) are concentrated on owners/operators of the specified premises.\n  - Implementation risks: success depends on timely, accurate public register and an effective smartphone app; the Act requires the Minister to provide these but leaves format, access controls and registration rules to ministerial determination or regulation (ss 12–13). Poor data or limited app access could blunt the measure’s operational value.\n  - Legal and practical trade‑offs: the Act penalises removal/damage of AEDs but provides a defence where removal was necessary for treatment or authorised by the designated entity (s 16). Owners have duties but can seek written exemptions; regulations may modify or exempt whole classes (ss 16A, 17).\n\n**Key numbers and deadlines**\n\n- One AED per 1,200 m2 publicly accessible floor area for relevant commercial designated/prescribed buildings (s 7).\n- Deadline to register existing AEDs: owners must provide register information within two weeks after the relevant day for AEDs installed before that date; new installations must be registered within two weeks of installation (s 12(4)).\n- Transitional delay: private non‑Crown buildings and prescribed vehicles are not covered until 1 January 2026 (Schedule 1).\n- Examples of penalties: installation/maintenance offences up to $20,000 (with specified expiation fees), signs up to $2,500, and false information up to $10,000; intentional damage/removal can attract up to $10,000 or 1 year imprisonment (ss 7, 9, 10, 16, 16C).\n\n**Where discretion and cost concentration are greatest (summary of risk areas)**\n\n- Regulations and Ministerial notices will determine many operational details (which buildings or vehicles, signage standards, floor‑area calculations and caps), so affected owners face some uncertainty until those instruments are finalised (s 17).\n- Exemptions (s 16A) and delegated decisions (s 16B) permit case‑by‑case relief but also allow uneven application.\n- The success of the public good (improved AED access) depends on the quality of the register and smartphone application the Minister is required to provide (ss 12–13).\n\n(References in parentheses are to the sections of the Act that set out the requirement.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2022 Act was substantially expanded by the 2024 Amendment Act before it even commenced. The amendments added: a comprehensive authorised officer scheme (Part 3A) with inspection powers; detailed exemption and delegation provisions (sections 16A–16D); expanded definitions including 'correctional facility', 'hospital', and 'licensed children's residential facility'; new categories of regulated premises; modified installation requirements with the 'publicly accessible floor area' concept; and a reworked registration system. The legislation grew from a basic mandate into a complex regulatory scheme with enforcement infrastructure before taking effect."},"complexity_factors":["Multiple overlapping categories of regulated premises: 'designated buildings', 'prescribed buildings', 'relevant buildings', 'relevant facilities', and 'public buildings' with different rules applying to each","Nested conditional logic in section 7: different installation requirements apply depending on whether a building is a 'relevant designated building or facility or prescribed building' (which itself depends on commercial use, floor area >1,200m², and regulatory exclusions)","Extensive regulation-making powers: at least 15 specific areas where regulations can prescribe, exempt, modify or determine matters (including floor area calculations, vehicle classes, and sign requirements)","Cross-references to 8 other Acts (Therapeutic Goods Act 1989, Correctional Services Act 1982, Summary Offences Act 1953, Family and Community Services Act 1972, Youth Justice Administration Act 2016, Health Care Act 2008, Children and Young People (Safety) Act 2017, Retirement Villages Act 2016, Residential Parks Act 2007, Education and Early Childhood Services Act 2011, Passenger Transport Act 1994, Aged Care Act 1997)","Complex definitions with inclusions and exclusions (e.g., 'public building or facility' has 5 specific inclusions, 2 exclusions, plus regulatory powers to add more)","Transitional provisions creating staggered commencement dates for different entity types (Crown vs private)","Multiple responsible parties defined by context: 'owner' for buildings, 'relevant authority' for emergency services and prescribed vehicles, 'designated entity' for maintenance obligations"],"plain_english_summary":"**What this law does:**\n\nThis South Australian law requires certain buildings, facilities, and vehicles to have Automated External Defibrillators (AEDs) — the portable devices that can shock a heart back into rhythm during cardiac arrest. It also creates a public register and a smartphone app to help people find the nearest device in an emergency.\n\n**Who it affects:**\n\n- **Building owners** of large public venues (theatres, casinos, schools, retirement villages, shopping centres over 600m², etc.)\n- **Commercial property owners** undertaking major construction or renovations\n- **Emergency services** (fire, SES) and public transport operators (trains, trams, buses)\n- **The general public** — anyone who might need to locate an AED in an emergency\n\n**Key requirements:**\n\n- **Installation**: Large commercial buildings need one AED per 1,200m² of publicly accessible floor space (up to a regulatory maximum). Smaller designated venues need at least one AED.\n- **Maintenance**: Owners must keep devices working according to manufacturer instructions.\n- **Signage**: Clear signs must show where AEDs are located — both inside near the device and outside near building entrances.\n- **Registration**: Owners must register AED locations with the government, including when they're accessible to the public.\n- **Smartphone app**: The government must provide an app showing users where the nearest available AED is.\n- **Enforcement**: Authorised officers can inspect premises, and fines up to $20,000 apply for non-compliance.\n\n**Important exemptions:**\n\nHospitals, prisons, youth detention centres, and some residential care facilities don't have to comply. The law also doesn't apply to purely private buildings with no public access.\n\n**Why it matters:**\n\nSudden cardiac arrest kills thousands of Australians annually. For every minute without defibrillation, survival chances drop by 7–10%. This law aims to put life-saving devices where people gather and make them easy to find when seconds count.\n\n**Note on timing:**\nThe law has a delayed start — it doesn't apply to private buildings and vehicles until 1 January 2026."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the Act's title alone, there is no evidence of scope change from its apparent original intent — improving public access to AEDs in South Australia. However, this cannot be confirmed without reviewing the full text of the Act."},"complexity_factors":["Full legislative text was unavailable due to a broken URL — analysis is based on the Act's title and general public knowledge only","Laws of this type are generally straightforward in structure, focusing on registration, installation obligations, and liability protections","Complexity cannot be fully assessed without access to the actual provisions, regulations, or schedules","Any delegated legislation (regulations made under the Act) could add complexity not visible here"],"plain_english_summary":"## Automated External Defibrillators (Public Access) Act 2022 — South Australia\n\n**What this law is about:**\nThis Act relates to making **Automated External Defibrillators (AEDs)** — portable devices that deliver an electric shock to restart a heart during cardiac arrest — available to the public in South Australia.\n\n**⚠️ Important Notice:**\nThe actual text of this legislation could **not be retrieved**. The source URL returned a \"Page Not Found\" error, likely due to a website migration that occurred around **24 March 2026**. The content analysed here is therefore based only on the Act's title and publicly known context about this law.\n\n**What is generally known about this Act:**\n- It was passed by the South Australian Parliament in **2022**\n- It aims to improve **public access to AED devices** in community locations (such as sports clubs, shopping centres, and public buildings)\n- Laws of this type typically require certain venues or businesses to **register, install, and maintain AEDs**, and may protect **Good Samaritans** (members of the public who use an AED in an emergency) from legal liability\n- It reflects a broader national push across Australian states and territories to improve **out-of-hospital cardiac arrest survival rates**\n\n**Who does this affect?**\n- **Venue operators and businesses** required to install or register AEDs\n- **Ordinary members of the public** who may need to use an AED in an emergency\n- **Emergency services and health authorities** responsible for oversight\n\n**Why it matters:**\nCardiac arrest kills thousands of Australians every year. Early defibrillation dramatically improves survival chances. Laws like this can save lives by ensuring AEDs are nearby and accessible when seconds count.\n\n> ⚠️ *This summary is based on limited information due to a broken source link. For accurate and current details, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly or contact the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au.*"}},"importantCases":[],"_links":{"self":"/api/acts/automated-external-defibrillators-public-access-act-2022","history":"/api/acts/automated-external-defibrillators-public-access-act-2022/history","analysis":"/api/acts/automated-external-defibrillators-public-access-act-2022/analysis","conflicts":"/api/acts/automated-external-defibrillators-public-access-act-2022/conflicts","importantCases":"/api/acts/automated-external-defibrillators-public-access-act-2022/important-cases","documents":"/api/acts/automated-external-defibrillators-public-access-act-2022/documents"}}