{"id":"criminal-law-consolidation-general-regulations-2021","name":"Criminal Law Consolidation (General) Regulations 2021","slug":"criminal-law-consolidation-general-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235336,"registerId":"sa-criminal-law-consolidation-general-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Law Consolidation (General) Regulations 2021","content":"South Australia\nCriminal Law Consolidation (General) Regulations 2021\nunder the Criminal Law Consolidation Act 1935\n\nContents\n1\tShort title\n3\tInterpretation\n4\tPrescribed occupations and employment—aggravated offences\n5\tEmergency workers, emergency vehicles and employing authorities\n6\tCertain conduct not to constitute street race\n6A\tILOL notices etc (sections 19AE and 19AF of the Act)\n7\tPrescribed objects\n8\tCertain activities or functions not to constitute administering website\n9\tCertain activities or functions not to constitute hosting website\n10\tRelevant industry regulatory authority\n10A\tPrescribed activity (section 83GT)\n11\tPrescribed explosive substances\n12\tPrescribed equipment\n12A\tExemption from requirement to report human remains\n13\tDealing with surrendered items\n14\tFalse or misleading information entered into electronic court management system\n15\tDetermination of appropriate form of custody—section 269X\nSchedule 1—ILOL notices—prescribed particulars etc (sections 19AE and 19AF of Act)\n1\tPrescribed particulars (section 19AE(1a) of Act)\n2\tPrescribed particulars (section 19AE(3) of Act)\n3\tPrescribed particulars (section 19AE(4) of Act)\n4\tPrescribed particulars (section 19AF(1a) of Act)\n5\tPrescribed particulars (section 19AF(3) of Act)\n6\tPrescribed particulars (section 19AF(4) of Act)\n7\tPrescribed particulars (section 19AF(9) of Act)\n8\tPrescribed information (section 19AF(10) of Act)\n9\tPrescribed particulars (section 19AF(11) of Act)\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Criminal Law Consolidation (General) Regulations 2021.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Criminal Law Consolidation Act 1935;\nILOL notice means a notice of immediate licence disqualification or suspension given under Part 3 Division 6 of the Act.\n4—Prescribed occupations and employment—aggravated offences\n\t(1)\tFor the purposes of section 5AA(1)(ka) of the Act, the following occupations and employment are prescribed:\n\t(a)\temergency work;\n\t(b)\temployment as a person (whether a medical practitioner, nurse, midwife, security officer or otherwise) performing duties in a hospital (including, to avoid doubt, a person providing assistance or services to another person performing duties in a hospital);\n\t(c)\temployment as a person (whether a medical practitioner, nurse, pilot or otherwise) performing duties in the course of retrieval medicine;\n\t(d)\temployment as a medical practitioner or other health practitioner (both within the meaning of the Health Practitioner Regulation National Law (South Australia)) attending an out of hours or unscheduled callout, or assessing, stabilising or treating a person at the scene of an accident or other emergency, in a rural area;\n\t(e)\temployment as a person designated as an officer of the Department under section 4A of the Correctional Services Act 1982;\n\t(f)\tpassenger transport work;\n\t(g)\tpolice support work;\n\t(h)\temployment as a court security officer;\n\t(i)\temployment as a bailiff appointed under the South Australian Civil and Administrative Tribunal Act 2013;\n\t(j)\temployment as a protective security officer within the meaning of the Protective Security Act 2007;\n\t(k)\temployment as an inspector within the meaning of the Animal Welfare Act 1985;\n\t(l)\temployment as a person whose duties primarily involve working in an area of a shop accessible to the public.\n\t(2)\tIn this regulation—\naccident or emergency department of a hospital means the part of a hospital dedicated to the hospital's major accident and emergency functions, including those areas of the department used for administrative, waiting, reception, storage, diagnostic, treatment, consultation, triage and resuscitation functions and the access bays for ambulance and police;\ncourt security officer means a sheriff, deputy sheriff, sheriff's officer or security officer within the meaning of the Sheriff's Act 1978;\nemergency means an event that causes or threatens to cause—\n\t(a)\tthe death of, or injury or other damage to the health of, any person; or\n\t(b)\tthe destruction of, or damage to, property; or\n\t(c)\ta disruption to essential services or to services usually enjoyed by the community; or\n\t(d)\tharm to the environment, or to flora or fauna;\nemergency services provider means—\n\t(a)\tSouth Australian Country Fire Service; or\n\t(b)\tSouth Australian Metropolitan Fire Service; or\n\t(c)\tSouth Australian State Emergency Service; or\n\t(d)\tSA Ambulance Service Inc; or\n\t(e)\tSt John Ambulance Australia South Australia Incorporated; or\n\t(f)\tSurf Life Saving South Australia Incorporated; or\n\t(g)\tRoyal Flying Doctor Service; or\n\t(h)\tAir Sea Rescue Squadron Cowell Incorporated; or\n\t(i)\tAustralian Volunteer Coast Guard Association Incorporated; or\n\t(j)\tRoyal Volunteer Coastal Patrol (SA) Incorporated; or\n\t(k)\tSouth Australian Sea Rescue Squadron Incorporated; or\n\t(l)\tVictor Harbor‑Goolwa Sea Rescue Squadron Incorporated; or\n\t(m)\tWhyalla Sea Rescue Squadron Incorporated; or\n\t(n)\tthe accident or emergency department of a hospital;\nemergency work means work carried out (whether or not in response to an emergency) by or on behalf of an emergency services provider;\nhospital has the same meaning as in the Health Care Act 2008;\nmedical practitioner has the same meaning as in the Health Practitioner Regulation National Law (South Australia);\npassenger transport service has the same meaning as in the Passenger Transport Act 1994;\npassenger transport work means—\n\t(a)\twork consisting of driving a public passenger vehicle for the purposes of a passenger transport service; or\n\t(b)\twork undertaken as an authorised officer appointed under section 53 of the Passenger Transport Act 1994; or\n\t(c)\twork undertaken as an authorised person under Part 4 Division 2 Subdivision 2 of the Passenger Transport Regulations 2009;\npolice support work means work consisting of the provision of assistance or services to South Australia Police (and includes, to avoid doubt, the provision of assistance or services to a member of the public who is being assisted, or seeking to be assisted, by South Australia Police);\npublic passenger vehicle has the same meaning as in the Passenger Transport Act 1994;\nretrieval medicine means the assessment, stabilisation and transportation to hospital of patients with severe injury or critical illness (other than by a member of SA Ambulance Service Inc);\nrural area means an area outside of Metropolitan Adelaide as defined by GRO Plan 639/93;\nshop means the whole or any part of a building, yard, place, structure, stall, tent or vehicle in which goods are sold (or offered or exposed for sale) by retail, including by auction.\n5—Emergency workers, emergency vehicles and employing authorities\n\t(1)\tFor the purposes of—\n\t(a)\tthe definition of emergency worker in section 19A(11) of the Act; and\n\t(b)\tthe definition of emergency vehicle in section 19ADA(10) of the Act,\na person who—\n\t(c)\tis a member of an emergency services organisation within the meaning of the Fire and Emergency Services Act 2005; or\n\t(d)\tis engaged in the provision of emergency ambulance services in accordance with section 57(1) of the Health Care Act 2008 on behalf of SA Ambulance Service Inc,\nis an emergency worker for the purposes of sections 19A and 19ADA of the Act.\n\t(2)\tFor the purposes of paragraph (b) of the definition of employing authority in section 19A(11) of the Act—\n\t(a)\tthe Chief Officer of the South Australian Country Fire Service (SACFS) is the employing authority for an emergency worker who is a member of SACFS;\n\t(b)\tthe Chief Executive Officer of the South Australian Metropolitan Fire Service (SAMFS) is the employing authority for an emergency worker who is a member of SAMFS;\n\t(c)\tthe Chief Executive Officer of the South Australian State Emergency Service (SASES) is the employing authority for an emergency worker who is a member of SASES;\n\t(d)\tthe Chief Executive Officer of SA Ambulance Service Inc (SAAS) is the employing authority for an emergency worker referred to in subregulation (1)(d).\n6—Certain conduct not to constitute street race\n\t(1)\tFor the purposes of the definition of street race in section 19AD(7) of the Act, the following conduct is declared not to be included within the ambit of that definition:\n\t(a)\tconduct reasonably occurring in the course of—\n\t(i)\tobtaining a genuine qualification (however described) to operate a motor vehicle of a particular kind or in a particular manner; or\n\t(ii)\tparticipation in a genuine program designed to improve the defensive driving skills of a person;\n\t(b)\tconduct that occurs in the course of an event the subject of an order made under section 33 of the Road Traffic Act 1961 (being conduct that complies with any requirement or condition imposed in relation to the order);\n\t(c)\tconduct that occurs in the course of an event the subject of a permit granted by Motorsport Australia (being conduct that complies with any requirement or condition imposed in relation to the permit);\n\t(d)\tconduct that occurs in the course of an event comprising a tour, regularity trial, treasure hunt or similar event in which the participants drive in a manner that indicates a general intention to comply with the provisions of the Road Traffic Act 1961;\n\t(e)\tconduct comprising a road test of a motor vehicle that occurs—\n\t(i)\tin the course of the purchase, or potential purchase, of the motor vehicle; or\n\t(ii)\tin the course of, or is consequential upon, repairing or maintaining the motor vehicle,\nand that is undertaken in a manner that indicates a general intention on the part of the driver to comply with the provisions of the Road Traffic Act 1961;\n\t(f)\tconduct that occurs with the approval of the Commissioner of Police.\n\t(2)\tAn application for approval under subregulation (1)(f) must be made in a manner and form determined by the Commissioner of Police.\n\t(3)\tAn approval under subregulation (1)(f)—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tmay be varied or revoked by the Commissioner of Police by notice in writing.\n\t(4)\tIf a person contravenes or fails to comply with a condition specified in an approval under subregulation (1)(f), the approval does not, while the contravention or non‑compliance continues, operate in that person's favour.\n6A—ILOL notices etc (sections 19AE and 19AF of the Act)\n\t(1)\tFor the purposes of sections 19AE and 19AF of the Act, the particulars set out in Schedule 1 (other than clause 8) are prescribed.\n\t(2)\tFor the purposes of section 19AF(10) of the Act, the information set out in Schedule 1 clause 8 is prescribed.\n\t(3)\tFor the purposes of sections 19AE and 19AF of the Act, an ILOL notice must be given to a person—\n\t(a)\tin writing served personally on the person; or\n\t(b)\tif the person consents to receiving the ILOL notice by email—by email sent to an email address provided by the person for that purpose.\n7—Prescribed objects\n\t(1)\tFor the purposes of section 32A of the Act, a prescribed object is an object that would, on impact with a vehicle, cause severe damage to the vehicle or harm (whether directly or indirectly) to an occupant of the vehicle (but does not include soft fruits, vegetables or eggs).\nExamples—\n\t(a)\trocks;\n\t(b)\tbricks;\n\t(c)\tlumps, blocks or pieces of clay or concrete;\n\t(d)\tsizeable or heavy pieces of metal or metal objects;\n\t(e)\tsizeable or heavy pieces of wood;\n\t(f)\tglass bottles;\n\t(g)\tfilled cans or plastic containers.\n\t(2)\tIn this regulation—\nharm has the same meaning as in section 21 of the Act.\n8—Certain activities or functions not to constitute administering website\nFor the purposes of the definition of administering a website in section 62 of the Act, the following are activities or functions of a kind excluded from the ambit of that definition:\n\t(a)\tthe administration, or assisting in the administration, of a website by a police officer or other law enforcement officer acting in the course of the officer's duties;\n\t(b)\tthe administration, or assisting in the administration, of a website by any other person acting in the course of the person's duties in the administration of the criminal justice system.\n9—Certain activities or functions not to constitute hosting website\nFor the purposes of the definition of hosting a website in section 62 of the Act, the following are activities or functions of a kind excluded from the ambit of that definition:\n\t(a)\tthe hosting, or assisting in the hosting, of a website by a police officer or other law enforcement officer acting in the course of the officer's duties;\n\t(b)\tthe hosting, or assisting in the hosting, of a website by any other person acting in the course of the person's duties in the administration of the criminal justice system.\n10—Relevant industry regulatory authority\nFor the purposes of the definition of relevant industry regulatory authority in section 62 of the Act, the eSafety Commissioner appointed under the Enhancing Online Safety Act 2015 of the Commonwealth is prescribed as a relevant industry regulatory authority for the purposes of section 63AB(3)(d) of the Act.\n10A—Prescribed activity (section 83GT)\nFor the purposes of the definition of prescribed activity in section 83GT(9) of the Act, any occupation or activity engaged in pursuant to an authorisation (within the meaning of section 83GT of the Act) issued under any of the following Acts is prescribed:\n\t(a)\tFirearms Act 2015;\n\t(b)\tGaming Machines Act 1992;\n\t(c)\tHydroponics Industry Control Act 2009;\n\t(d)\tLiquor Licensing Act 1997;\n\t(e)\tSecurity and Investigation Industry Act 1995.\n11—Prescribed explosive substances\nFor the purposes of the definition of explosive substance in section 83M(1) of the Act, the following substances are prescribed:\n\t(a)\tacetone;\n\t(b)\taluminium powder;\n\t(c)\tammonium nitrate;\n\t(d)\tammonium perchlorate;\n\t(e)\thydrogen peroxide;\n\t(f)\tmagnesium powder;\n\t(g)\tmethyl ethyl ketone;\n\t(h)\tnitric acid;\n\t(i)\tnitromethane;\n\t(j)\tpotassium chlorate;\n\t(k)\tpotassium nitrate;\n\t(l)\tpotassium perchlorate;\n\t(m)\tsodium azide;\n\t(n)\tsodium chlorate;\n\t(o)\tsodium nitrate;\n\t(p)\tsodium perchlorate.\n12—Prescribed equipment\n\t(1)\tFor the purposes of section 83O(1)(b) of the Act, the following equipment is prescribed:\n\t(a)\tequipment of a kind that is used to perform the function of an ice bath or a chemical reaction cooling system in the manufacture of an explosive substance or an explosive device;\n\t(b)\tequipment of a kind that is used to perform the function of grinding or mixing in the manufacture of an explosive substance or an explosive device;\n\t(c)\tequipment of a kind that is used to perform the function of a reaction vessel in the manufacture of an explosive substance or an explosive device;\n\t(d)\tequipment that forms part of equipment of a kind referred to in a preceding paragraph;\n\t(e)\tequipment that would, but for modifications apparently made to the equipment, be equipment of a kind referred to in a preceding paragraph.\n\t(2)\tEquipment may be determined to be of a kind prescribed in subregulation (1) regardless of whether the equipment—\n\t(a)\tis in working order; or\n\t(b)\thas been commercially manufactured or appears to be home‑made.\n12A—Exemption from requirement to report human remains\n\t(1)\tFor the purposes of section 179(2)(d) of the Act, the following circumstances are prescribed—\n\t(a)\twhere the human remains or thing are archaeological artefacts and the discovery of the human remains or thing has been reported in accordance with section 27(2) of the Heritage Places Act 1993;\n\t(b)\twhere the human remains or thing are archaeological artefacts that are discovered by the person while operating under a permit issued in accordance with the Heritage Places Act 1993.\n\t(2)\tIn this regulation—\narchaeological artefact has the same meaning as in the Heritage Places Act 1993.\n13—Dealing with surrendered items\n\t(1)\tFor the purposes of sections 269NC(3) and 269OA(3) of the Act, the Commissioner of Police must deal with a surrendered item in accordance with this regulation.\n\t(2)\tA surrendered item that is a prohibited weapon (within the meaning of the Summary Offences Act 1953), or that is an item that cannot otherwise be lawfully possessed in this State, is, by force of this subregulation, forfeited to the Crown.\n\t(3)\tThe Commissioner of Police must retain a surrendered item (other than a surrendered item forfeited under subregulation (2)) in a location determined by the Commissioner of Police until—\n\t(a)\tthe surrendered item is forfeited to the Crown under this or any other Act; or\n\t(b)\tthe surrendered item is returned in accordance with this regulation to the person who surrendered it; or\n\t(c)\tthe surrendered item is seized or surrendered under the provisions of another Act,\nwhichever occurs first.\n\t(4)\tIf—\n\t(a)\tthe condition imposed under section 269NB(4)(a) of the Act on the release on licence of the person who surrendered the surrendered item is revoked, or a Division 3A order to which the person is subject is revoked or lapses; or\n\t(b)\tthe condition imposed under section 269O(1a)(a) of the Act on the release on licence of the person who surrendered the surrendered item is revoked, or a supervision order to which the person is subject is revoked or lapses,\n(as the case may be) the person may notify the Commissioner of Police of that fact.\n\t(5)\tSubject to this regulation, if the Commissioner of Police—\n\t(a)\tis notified pursuant to subregulation (4); or\n\t(b)\totherwise becomes aware that—\n\t(i)\tthe release on licence of the person is no longer subject to the condition imposed under section 269NB(4)(a), or the Division 3A order to which the person is subject is revoked or lapses; or\n\t(ii)\tthe release on licence of the person is no longer subject to the condition imposed under section 269O(1a)(a), or the supervision order to which the person is subject is revoked or lapses,\n(as the case may be) the Commissioner of Police must cause the surrendered item to be returned to the person who surrendered the item.\n\t(6)\tIf the Commissioner of Police is required to return a surrendered item under subsection (5), the Commissioner of Police must give notice in writing to the person who surrendered the item setting out—\n\t(a)\tthat the surrendered items specified in the notice are to be returned to the person; and\n\t(b)\tthe location at which the surrendered items may be collected; and\n\t(c)\tthat the surrendered items must be collected from the specified location within 3 months of the date specified in the notice (or such longer time as may be specified by the Commissioner of Police); and\n\t(d)\tthat the surrendered items will only be returned if the person holds any necessary authorisation under the Firearms Act 2015 or any other Act to possess the surrendered item; and\n\t(e)\tthe effect of subregulations (7) and (8).\n\t(7)\tHowever, the Commissioner of Police may refuse to return a surrendered item to a person if—\n\t(a)\tthe person is on conditional release that is subject to a condition prohibiting the person from possessing a firearm, ammunition or part of a firearm; or\n\t(b)\tthe person does not hold any necessary authorisation under the Firearms Act 2015 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,\nand, if the Commissioner of Police does so refuse, he or she must give notice in writing to the person who surrendered the surrendered item setting out—\n\t(c)\tthe reasons for the refusal; and\n\t(d)\tin the case of a refusal contemplated by subregulation (7)(a)—the effect of subregulation (9).\n\t(8)\tIf—\n\t(a)\ta surrendered item is not collected within the period specified in subregulation (6)(c); or\n\t(b)\tthe person does not, at the end of the period specified in subregulation (6)(c), hold the necessary authorisation under the Firearms Act 2015 or any other Act to possess the surrendered item, or is otherwise prohibited from possessing the surrendered item,\nthe surrendered item is, by force of this subregulation, forfeited to the Crown.\n\t(9)\tIf the Commissioner of Police refuses to return a surrendered item to a person pursuant to subregulation (7)(a)—\n\t(a)\tthe surrendered item will be taken to have been surrendered pursuant to a direction under the provision of the Act under which the conditional release was granted (corresponding to section 269NC(1) or 269OA(1) of the Act, as the case requires); and\n\t(b)\tthe surrendered item must be dealt with in accordance with that Act.\n\t(10)\tThe Commissioner of Police may recover from the person who surrendered the surrendered item the reasonable costs incurred in connection with the storage of the surrendered item.\n\t(11)\tThis regulation is in addition to, and does not derogate from, the operation of any other Act or law.\n\t(12)\tNo compensation is payable by the Crown in respect of the forfeiture of a surrendered item under this regulation.\n\t(13)\tA notice required to be given to a person under this regulation may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tat the person's address for service; or\n\t(c)\tbe left for the person at the person's last known address or address for service with someone apparently over the age of 16 years.\n\t(14)\tIn this regulation—\nconditional release means—\n\t(a)\ta grant of bail under the Bail Act 1985; or\n\t(b)\ta bond under the Sentencing Act 2017 or the Criminal Law (Sentencing) Act 1988; or\n\t(c)\trelease on home detention under the Sentencing Act 2017 or the Criminal Law (Sentencing) Act 1988; or\n\t(d)\trelease on an intensive correction order under the Sentencing Act 2017; or\n\t(e)\trelease on licence under the Act, the Sentencing Act 2017 or the Criminal Law (Sentencing) Act 1988; or\n\t(f)\trelease from prison on home detention or parole under the Correctional Services Act 1982; or\n\t(g)\trelease on licence, on home detention or conditional release from detention, under the Young Offenders Act 1993;\nsurrendered item means a firearm, ammunition or any part of a firearm surrendered pursuant to a direction under section 269NC(1) or 269OA(1) of the Act.\n14—False or misleading information entered into electronic court management system\n\t(1)\tFor the purposes of the definition of ECMS in section 241A(3) of the Act, the electronic court management systems established under the Uniform Civil Rules 2020 and the Supreme Court Probate Rules 2015 are prescribed.\n\t(2)\tFor the purposes of paragraph (b) of the definition of enters information into an ECMS in section 241A(3) of the Act, the marking of a check box (however described) selecting a particular option is prescribed.\n\t(3)\tFor the purposes of the definition of information in section 241A(3) of the Act, the following information, or information of a kind, is prescribed:\n\t(a)\tinformation setting out—\n\t(i)\tin the case of a party who is a natural person—\n\t(A)\tthe name, business name or trading name of the person; or\n\t(B)\tan Australian Business Number; or\n\t(C)\tthe date of birth of the person; or\n\t(D)\tthe residential address of the person; or\n\t(E)\tan address at which documents can be served on the person; or\n\t(F)\ta telephone number; or\n\t(G)\tan email address; or\n\t(ii)\tin the case of a party who is a body corporate—\n\t(A)\tthe name, business name or trading name of the body corporate; or\n\t(B)\tan Australian Business Number or Australian Company Number; or\n\t(C)\tthe name, date of birth and residential address of a director of the body corporate; or\n\t(D)\tthe registered office (if any) of the body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth); or\n\t(E)\tan address at which the body corporate undertakes activities; or\n\t(F)\tan address at which documents can be served on the body corporate; or\n\t(G)\ta telephone number; or\n\t(H)\tan email address;\n\t(b)\tin the case where a party is acting, or purportedly acting, on behalf of another person or body—information identifying that person or body, the relationship of that person or body to the party and the basis on which the party is acting on behalf of that person or body;\n\t(c)\tinformation setting out the nature of a party (for example, whether a party is an individual, partnership, organisation or regular party);\n\t(d)\tinformation relating to whether a specified person is a legal practitioner;\n\t(e)\tinformation relating to whether any relevant orders have been made by a court or tribunal and the terms of those orders;\n\t(f)\tinformation relating to a probate, testamentary or administration matter (including, to avoid doubt, information relating to the assets and liabilities of a person or any other information which may affect a right or liability in relation to an estate).\n15—Determination of appropriate form of custody—section 269X\n\t(1)\tFor the purposes of the definition of designated officer in section 269X(7) of the Act, the office of Clinical Director, Forensic Mental Health Services, Department for Health and Wellbeing, is prescribed.\n\t(2)\tIn determining an appropriate form of custody for the detention of a defendant pursuant to section 269X(5) of the Act, the designated officer must consult with the CE (within the meaning of section 269X) and take into account any representation made to the designated officer by the CE in respect of an appropriate form of custody for the defendant.\nSchedule 1—ILOL notices—prescribed particulars etc (sections 19AE and 19AF of Act)\n1—Prescribed particulars (section 19AE(1a) of Act)\nFor the purposes of section 19AE(1a) of the Act, the particulars to be contained in an ILOL notice are as follows:\nThe name, residential address and date of birth of the person to whom the notice is given\nThe person's driver's licence number (if known)\nThe date and time of the alleged offence to which the notice relates\nThe notice number\nThe date and time of the giving of the notice\nThat the notice is given under section 19AE of the Act\nThat the notice is given as a result of the person being charged with an offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1) or 19ABA(2) of the Act\nThat the person is disqualified from holding or obtaining a driver's licence, or the person's driver's licence is suspended, for the prescribed period as defined in section 19AE of the Act\nThat the disqualification or suspension comes into effect when the person is given the notice\nThat the person may apply to the court for an order removing the disqualification of the person from holding or obtaining a driver's licence or ending the suspension of the person's driver's licence.\n2—Prescribed particulars (section 19AE(3) of Act)\nFor the purposes of section 19AE(3) of the Act, the particulars of an ILOL notice to be forwarded to the Registrar are as follows:\nThe name, residential address and date of birth of the person to whom the notice was given\nThe person's driver's licence number (if known)\nThe date and time of the alleged offence to which the notice relates\nThe notice number\nThe date and time of the giving of the notice\nThat the notice was given under section 19AE of the Act\nThat the notice was given as a result of the person being charged with an offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1) or 19ABA(2) of the Act\nWhether the notice replaced an ILOL notice issued under section 19AF(1)(a) of the Act in respect of the same alleged offence (and if so, the notice number of the previous notice).\n3—Prescribed particulars (section 19AE(4) of Act)\nFor the purposes of section 19AE(4) of the Act, the particulars of an ILOL notice to be given to a person by the Registrar are as follows:\nThe name, residential address and date of birth of the person to whom the notice was given\nThe person's driver's licence number\nThe date and time of the alleged offence to which the notice relates\nThe date and time the notice was given\nThat the notice was given under section 19AE of the Act\nThat the notice was given as a result of the person being charged with an offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1) or 19ABA(2) of the Act\nThe date the notice is sent by the Registrar\nThe date and time of the commencement of the disqualification or suspension\nWhether the notice replaced an ILOL notice issued under section 19AF(1)(a) of the Act in respect of the same alleged offence.\n4—Prescribed particulars (section 19AF(1a) of Act)\nFor the purposes of section 19AF(1a) of the Act, the particulars to be contained in an ILOL notice are as follows:\nThe name, residential address and date of birth of the person to whom the notice was given\nThe person's driver's licence number (if known)\nThe date and time of the alleged offence to which the notice relates\nThe notice number\nThe date and time of the giving of the notice\nThat the notice is given as a result of the issuing police officer exercising powers under section 19AF of the Act\nThat the giving of the notice is based on a reasonable belief that the person has committed an offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1), 19ABA(2) or 19ADA(1) of the Act\nWhether the notice relates to an offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1), 19ABA(2) or 19ADA(1) of the Act\nThe rank, name and identification number of the police officer giving the notice\nThat the person is disqualified from holding or obtaining a driver's licence, or the person's driver's licence is suspended, for the prescribed period as defined by section 19AF of the Act\nThat the disqualification or suspension commences when the person is given the notice\nIn the case of a notice relating to an alleged offence against section 19A(3) or 19AB(2) of the Act (in either case not being an offence that caused serious harm to a person) or section 19ADA(1) of the Act—that the disqualification or suspension will end after 12 months\nThat the person may apply to the court for an order removing the disqualification of the person from holding or obtaining a driver's licence or ending the suspension of the person's driver's licence.\n5—Prescribed particulars (section 19AF(3) of Act)\nFor the purposes of section 19AF(3) of the Act, the particulars of an ILOL notice to be forwarded to the Registrar are as follows:\nThe name, residential address and date of birth of the person to whom the notice was given\nThe person's driver's licence number (if known)\nThe date and time of the alleged offence to which the notice relates\nThe notice number\nThe date and time the notice was given\nThat the notice was given under section 19AF of the Act\nWhether the notice relates to an alleged offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1), 19ABA(2) or 19ADA(1) of the Act\nThe date and time of the commencement of the disqualification or suspension.\n6—Prescribed particulars (section 19AF(4) of Act)\nFor the purposes of section 19AF(4) of the Act, the particulars of an ILOL notice to be given to a person by the Registrar are as follows:\nThe name, residential address and date of birth of the person to whom the notice was given\nThe person's driver's licence number\nThe date and time of the alleged offence to which the notice relates\nThe date and time of the giving of the notice\nThat the notice was given under section 19AF of the Act\nWhether the notice relates to an alleged offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1), 19ABA(2) or 19ADA(1) of the Act\nThe date the notice is sent by the Registrar\nThe date and time of the commencement of the disqualification or suspension\nIn the case of a notice relating to an alleged offence against section 19A(3) or 19AB(2) of the Act (in either case not being an offence that caused serious harm to a person) or section 19ADA(1) of the Act—that the period of disqualification or suspension will end after 12 months.\n7—Prescribed particulars (section 19AF(9) of Act)\nFor the purposes of section 19AF(9) of the Act, the particulars of an order to be forwarded to the Registrar are as follows:\nThe name, residential address and date of birth of the person to whom the order relates\nThe notice number of the ILOL notice that the order relates to\nThe date on which the order was made\nThe terms of the order.\n8—Prescribed information (section 19AF(10) of Act)\nFor the purposes of section 19AF(10) of the Act, the information to be contained in a notice of determination given to a person is as follows:\nThe person's name, residential address and date of birth\nThe date and time of the alleged offence to which the ILOL notice given to the person relates\nWhether the ILOL notice related to an offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1), 19ABA(2) or 19ADA(1) of the Act\nThat a determination has been made that the person should not be charged with the alleged offence\nThe date and time of the making of the determination\nA statement advising the person that the disqualification or suspension ended when the determination was made.\n9—Prescribed particulars (section 19AF(11) of Act)\nFor the purposes of section 19AF(11) of the Act, the particulars of a determination to be forwarded to the Registrar are as follows:\nThe name, residential address and date of birth of the person to whom the determination relates\nThe date and time of the alleged offence to which the ILOL notice given to the person relates\nWhether the ILOL notice related to an alleged offence against section 19A(1), 19A(3), 19AB(1), 19AB(2), 19ABA(1), 19ABA(2) or 19ADA(1) of the Act\nThe ILOL notice number\nThat a determination has been made that the person should not be charged with the alleged offence\nThe date and time of the making of the determination.\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 these regulations (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.\nLegislation revoked by principal regulations\nThe Criminal Law Consolidation (General) Regulations 2021 revoked the following:\nCriminal Law Consolidation (General) Regulations 2006\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2021\n116\nGazette 12.8.2021 p3054 \n12.8.2021: r 2\n2021\n189\nGazette 16.12.2021 p4419\n16.12.2021: r 2\n2022\n67\nGazette 25.8.2022 p2610\n25.8.2022: r 2\n2022\n68\nGazette 25.8.2022 p2612\n29.8.2022 immediately after s 7 of Criminal Law Consolidation (Driving at Extreme Speed) Amendment Act 2021: r 2\n2022\n115\nGazette 15.12.2022 p6923\n16.12.2022: r 2\n2023\n106\nGazette 25.10.2023 p3606\n1.1.2024: r 2\n2026\n12\nGazette 12.2.2026 p266\n16.2.2026: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Act 2002\n16.12.2021\nr 3\n\n\nILOL notice\ninserted by 68/2022 r 3\n29.8.2022\nr 4\n\n\nr 4(1)\namended by 67/2022 r 3(1)\n25.8.2022\nr 4(2)\n\n\nshop\ninserted by 67/2022 r 3(2)\n25.8.2022\nr 5\nsubstituted by 189/2021 r 4\n16.12.2021\nr 6A\ninserted by 68/2022 r 4\n29.8.2022\nr 10A\ninserted by 12/2026 r 3\n16.2.2026\nr 12A\ninserted by 115/2022 r 3\n16.12.2022\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n16.12.2021\n\ninserted by 68/2022 r 5\n29.8.2022\ncl 1\namended by 106/2023 r 3(1)\n1.1.2024\ncl 2\namended by 106/2023 r 3(2)\n1.1.2024\ncl 3\namended by 106/2023 r 3(3), (4)\n1.1.2024\ncl 4\namended by 106/2023 r 3(5), (6)\n1.1.2024\ncl 5\namended by 106/2023 r 3(7)\n1.1.2024\ncl 6\namended by 106/2023 r 3(8)—(10)\n1.1.2024\ncl 8\namended by 106/2023 r 3(11)\n1.1.2024\ncl 9\namended by 106/2023 r 3(12)\n1.1.2024\nHistorical versions\n16.12.2021\n\n25.8.2022 (electronic only)\n\n29.8.2022\n\n16.12.2022\n\n1.1.2024\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The 2021 Regulations replaced earlier 2006 regulations and have been amended several times, adding or refining matters such as ILOL particulars (inserted 2022, Reg 6A and Schedule 1), exemptions and prescribed activities (eg. Reg 10A inserted 16.2.2026) and other technical prescriptions. Those amendments broaden and clarify administrative and evidential rules under the Act, shifting practical obligations for police, registrars, regulated industries and individuals (see Legislative history and cited regs)."},"complexity_factors":["Extensive cross-references to the principal Act and other statutes require concurrent reading (Reg 3; see multiple refs throughout regs 4, 5, 10A, 12A, 15).","Numerous defined terms and prescribed lists demand discrete application (prescribed occupations Reg 4; prescribed objects Reg 7; prescribed explosive substances Reg 11; prescribed equipment Reg 12).","Operational detail for administrative procedures creates compliance tasks for agencies and individuals (ILOL notice particulars and service methods Reg 6A and Schedule 1; Registrar reporting Reg 6A(1)-(2)).","Discretionary powers and administrative approvals increase interpretive complexity (Commissioner of Police approval for exceptions to ‘street race’ Reg 6(1)(f), 6(3)–(4)).","Property‑management and forfeiture rules involve multi‑step triggers and timelines (surrendered items: retention, return, forfeiture, storage cost recovery, and no compensation—Reg 13(2)–(10), (12)).","Ambiguity in technical thresholds: e.g. what equipment “used to perform the function” of explosive manufacture covers, including modified or homemade items (Reg 12(1)–(2)).","Procedural definitions widen the scope of offences by including common admin acts (ECMS definition and prescribed information; marking a checkbox counts as entering information—Reg 14(1)–(3)).","Multiple responsible decision‑makers and notification routes increase coordination needs (Police Commissioner, Registrar, Chief Officers, CE and designated officer in custody decisions—Regs 5(2), 6A(3), 13(6), 15(1)–(2)).","Amendment history and staged insertions mean practitioners must track variant text across versions (Legislative history entries for 2021–2026)."],"plain_english_summary":"These Regulations add detailed, practical rules under the Criminal Law Consolidation Act 1935. They prescribe which occupations count for aggravated offences, define emergency workers/vehicles, list objects, explosives and equipment, set what must appear in immediate licence disqualification/suspension (ILOL) notices, exclude certain online or driving activities from offences, and fix procedures for surrendered weapons, ECMS entries and custody decisions.\n\nThey affect police and courts, emergency services and transport workers, drivers, online platform administrators and people surrendering firearms by clarifying legal triggers, notification duties and administrative steps."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislative text was not retrievable. No content was available to compare against original intent or identify any scope changes over time."},"complexity_factors":["No legislative content was available for analysis — the source URL returned a 404 Page Not Found error","Unable to assess actual regulatory provisions, definitions, or operative sections","Complexity score reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"This South Australian regulation, made under the Criminal Law Consolidation Act 1935, likely sets out procedural and administrative details—forms, fees, definitions and other operational rules—that support the Act. It affects anyone involved in criminal matters in SA (accused, victims, lawyers, officials) by shaping practical steps and requirements; check the official legislation site or get legal advice."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: providing administrative machinery and detailed prescriptions for the Criminal Law Consolidation Act 1935. While they have been amended several times to add new categories (such as ILOL notices in 2022 and prescribed activities for section 83GT in 2026), these additions represent natural extensions of the existing framework rather than scope creep into entirely new policy areas. The core function—prescribing details for criminal law administration—has remained consistent."},"complexity_factors":["Extensive cross-referencing to the parent Act (Criminal Law Consolidation Act 1935) and numerous other statutes (Firearms Act 2015, Health Care Act 2008, Passenger Transport Act 1994, etc.)","Schedule 1 contains highly repetitive, near-identical lists of 'prescribed particulars' for different types of ILOL notices (clauses 1-9), creating redundancy","Nested conditional logic in Regulation 13 (dealing with surrendered items) with multiple pathways for return, forfeiture, and refusal depending on licence conditions and time limits","Multiple defined terms within regulations (not just in the interpretation section), such as 'emergency work', 'passenger transport work', and 'conditional release' which incorporate definitions from other Acts","Legislative history table showing multiple amendments (2021-2026) indicating evolving scope and potential layering of provisions"],"plain_english_summary":"These regulations fill in the operational details for South Australia's main criminal law statute, the Criminal Law Consolidation Act 1935. Think of them as the 'instruction manual' that makes the broader Act work in practice.\n\n**Key things these rules do:**\n\n*   **Protect frontline workers:** They list exactly which jobs count as 'prescribed occupations' (like hospital staff, paramedics, firefighters, police support staff, retail workers, and transport officers). If someone assaults a person in these roles, the offender faces harsher penalties (called 'aggravated offences').\n*   **Define 'street racing' exceptions:** They clarify that legitimate driving activities—like defensive driving courses, motorsport events with proper permits, test driving a car you're buying, or police-approved events—don't count as illegal street racing.\n*   **Set up immediate licence disqualification (ILOL notices):** They prescribe the exact paperwork and information required when police immediately suspend someone's driver's licence on the spot for serious driving offences (like extreme speeding or fleeing police). Schedule 1 contains the fine-print details of what must be written on these notices.\n*   **Control dangerous items:** They list specific chemicals (like acetone, ammonium nitrate, hydrogen peroxide) and equipment that are regulated because they can be used to make explosives.\n*   **Manage surrendered firearms:** They set out how police must handle firearms surrendered by people subject to serious crime prevention orders or supervision orders—including when items can be returned or forfeited.\n*   **Carve out protections for law enforcement:** They ensure police and court staff aren't committing crimes when they administer or host websites as part of their official duties (for example, in undercover operations).\n*   **Exempt archaeological finds:** They create an exemption so that people who discover ancient human remains while properly authorised under heritage laws don't also have to report them separately under criminal law.\n\n**Who is affected?**\n\n*   Frontline and emergency workers (gaining extra legal protection)\n*   Drivers facing immediate licence suspension\n*   People subject to serious crime prevention orders who must surrender firearms\n*   Motorsport participants and driving instructors\n*   Police and court administrators\n*   Anyone handling archaeological artefacts"}},"importantCases":[],"_links":{"self":"/api/acts/criminal-law-consolidation-general-regulations-2021","history":"/api/acts/criminal-law-consolidation-general-regulations-2021/history","analysis":"/api/acts/criminal-law-consolidation-general-regulations-2021/analysis","conflicts":"/api/acts/criminal-law-consolidation-general-regulations-2021/conflicts","importantCases":"/api/acts/criminal-law-consolidation-general-regulations-2021/important-cases","documents":"/api/acts/criminal-law-consolidation-general-regulations-2021/documents"}}