{"id":"summary-offences-regulations-2016","name":"Summary Offences Regulations 2016","slug":"summary-offences-regulations-2016","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237476,"registerId":"sa-summary-offences-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Summary Offences Regulations 2016","content":"South Australia\nSummary Offences Regulations 2016\nunder the Summary Offences Act 1953\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Weapons\n4\tInterpretation\n5\tDangerous articles\n6\tProhibited weapons\n7\tArticle presumed to be prohibited weapon\n8\tUnlawful selling or marketing of knives\n8A\tRefund of application fee\n9\tInformation relating to knife related injuries\n10\tEffect of weapons prohibition order\n11\tEvidentiary provisions\n12\tPrescribed weapons under Schedule 2 of Act\nPart 2A—Liquor offences\n12A\tInterpretation\n12B\tPrescribed amounts\n12C\tDisapplication of sections 21OB and 21OC of Act—prescribed circumstances\nPart 3—Tattooing, body piercing and body modification\n13\tInterpretation\n14\tEvidence of age of person\n15\tPre‑conditions to performing certain procedures\n16\tPrescribed information\n17\tRecord keeping\nPart 3A—Searches of persons to prevent and detect certain offences\n17A\tPrescribed offence (section 66ZA)\n17AB\tPrescribed person (section 66ZA)\n17B\tPrescribed person (section 66ZC)\nPart 4—Interviewing certain suspects and vulnerable witnesses\n18\tInterpretation\n19\tInterviewing suspects with complex communication needs\n20\tPrescribed interviewers\n21\tPrescribed companions\n22\tPrescribed communication assistants and communication devices\n23\tInterviewing vulnerable witnesses\n24\tAccess to audio visual record for training and assessment\nPart 5—Intimate search records\nDivision 1—Interpretation\n25\tInterpretation\nDivision 2—Register books\n26\tObligation to keep register book\n27\tInitial entry in register book\n28\tSigning of register book etc\n29\tInspection of register book by Commissioner\nDivision 3—Storage, movement and destruction of intimate search records\n30\tStorage of intimate search records\n31\tRemoval from storage and return of intimate search records\n32\tCopies of intimate search records\n33\tDestruction of intimate search records and copies\nPart 5A—Custody Notification Service\n33A\tInterpretation\n33B\tApplication of Part\n33C\tALRM to be notified of detention of Aboriginal or Torres Strait Islander persons\nPart 6—Miscellaneous\n34\tDeclaration of vehicle immobilisation devices\n35\tPrescribed serious criminal offences\n36\tPrescribed form of written record of telephone application\n37\tPrescribed form of warrant (section 83C)\nSchedule 1—Register form\nSchedule 2—Forms\nSchedule 3—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)\n1\tApplication of Act to continuing complaints etc\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Summary Offences Regulations 2016.\n3—Interpretation\nIn these regulations—\nAct means the Summary Offences Act 1953.\nPart 2—Weapons\n4—Interpretation\nIn this Part, unless the contrary intention appears—\ncatapult includes a shanghai and a slingshot;\ndesigned includes adapted.\n5—Dangerous articles\nEach of the following is declared to be a dangerous article for the purposes of Part 3A of the Act:\n\t(a)\tanti‑theft case—a case, satchel or similar article designed to administer an electric shock to a person who handles or interferes with the case, satchel or article or its contents;\n\t(b)\tblow‑gun—a blow‑pipe or similar device or instrument designed to propel an arrow, dart or similar projectile by air expelled from the mouth;\n\t(c)\tdart projector—a device (for example, a Darchery Dart Slinger) designed to propel a dart by means of elastic material;\n\t(d)\tgas injector device—a device (for example, a Farallon Shark Dart or a WASP Injector Knife) designed to kill or injure an animal by injecting a gas or other substance into the body of the animal;\n\t(e)\tplain catapult—a catapult made for commercial distribution, other than a brace catapult as described in regulation 6(c);\n\t(f)\tself‑protecting spray—a device or instrument designed to temporarily or permanently immobilise, incapacitate or injure a person by the emission or discharge of an offensive, noxious or irritant liquid, powder, gas or chemical;\n\t(g)\tself‑protection device—a hand held device or instrument designed to temporarily or permanently immobilise, incapacitate or injure a person by the emission or discharge of an electric current, sound waves or electromagnetic energy.\n6—Prohibited weapons\nEach of the following is declared to be a prohibited weapon for the purposes of Part 3A of the Act:\n\t(a)\tballistic knife—a device or instrument (other than a dart projector) designed to fire or discharge a knife, dagger or similar instrument by mechanical, percussive or explosive means;\n\t(b)\tbayonet—a stabbing weapon designed to be attached to or at the muzzle of a rifle;\n\t(c)\tbrace catapult—a catapult (for example, a Saunders Falcon Hunting Sling) that includes or is designed to be used with a brace fitted or resting on the forearm or another part of the body in order to support the forearm or wrist when the catapult is activated;\n\t(d)\tbutterfly knife—a knife comprised of a blade or spike and a handle, in respect of which—\n\t(i)\tthe handle is in 2 sections that fold so as to wholly or partially cover the blade or spike when the knife is not in use; and\n\t(ii)\tthe blade or spike can be exposed by gravity or centrifugal force;\n\t(e)\tchloroacetophenone—chloroacetophenone (known as CN) in all its forms;\n\t(f)\tconcealed weapon—an article that appears to be harmless but that conceals a knife, spike or other weapon;\n\t(g)\tcross‑bow—a cross‑bow, other than a pistol cross‑bow as described in paragraph (u);\n\t(h)\tdagger—a sharp, pointed stabbing weapon (other than a bayonet or sword), ordinarily capable of being concealed on the person and having—\n\t(i)\ta flat blade with cutting edges on both sides; or\n\t(ii)\ta needle‑like blade that has a round or elliptical cross section or that has 3 or more sides;\n\t(i)\tdirk or sgian dhu—a ceremonial weapon associated with traditional Scottish culture;\n\t(j)\tdypenylaminechloroarsone—dypenylaminechloroarsone (known as DM or adamsite) in all its forms;\n\t(k)\textendable baton—a baton designed for use as a weapon that can be extended in length by gravity or centrifugal force or by a release button or other device;\n\t(l)\tfighting knife—a knife (other than a bayonet or sword) designed for hand to hand fighting, for example, a butterfly knife, dagger, flick‑knife, push knife or trench knife;\n\t(m)\tflick‑knife—a knife in respect of which—\n\t(i)\tthe blade is concealed when folded or recessed into the handle and springs or is released into the extended position by the operation of a button or other device on the handle; or\n\t(ii)\tthe blade is wholly or partially concealed by a sheath that can be withdrawn into the handle of the knife by gravity, centrifugal force or by the operation of a button or other device;\n\t(n)\thand or foot claw—an article designed as a weapon consisting of prongs or other projections worn on the hands or feet (for example, the martial arts weapons known as ninja hand claws, ninja foot claws or ninja claws);\n\t(o)\tknife belt—a belt or similar article (for example, a Bowen Knife Belt) designed to hold a knife, dagger or similar instrument so that the presence of the knife, dagger or instrument is concealed or disguised when the belt or article is worn;\n\t(p)\tknuckle duster—a device or instrument designed to be worn across the knuckles of a hand so as to—\n\t(i)\tincrease the force or impact of a punch or blow when striking another with the hand; or\n\t(ii)\tprotect the knuckles from injury,\nincluding a weighted or studded glove, but not including a boxing glove;\n\t(q)\tlaser pointer—a hand held device, commonly known as a laser pointer, designed to emit a laser beam with an accessible emission level of greater than 1 milliwatt;\n\t(qa)\tmachete—a large knife designed or adapted for use as an agricultural slashing tool or weapon;\n\t(r)\tmorning star—an article designed as a weapon consisting of a weight (whether or not with spikes or blades) attached to a chain, rope or a length of other flexible material;\n\t(s)\tnunchakus—a device comprised of 2 or more bars joined by a chain, rope or other flexible material so that the bars can swing independently of each other;\n\t(t)\torthochlorobenzalmalononitrile—orthochlorobenzalmalononitrile (known as CS) in all its forms;\n\t(u)\tpistol cross‑bow—a cross‑bow designed for aiming and discharging an arrow, dart, bolt or similar projectile when held in one hand;\n\t(v)\tponiard—a ceremonial weapon associated with the traditions of a prescribed masonic organisation;\n\t(w)\tpush knife—a knife (for example, an Urban Pal Knife) comprised of a blade or spike with a transverse handle that is designed—\n\t(i)\tto be held between the fingers or the forefinger and thumb with the handle supported by the palm of the hand; and\n\t(ii)\tto inflict injury by a punching or pushing movement;\n\t(x)\tstar knife—a device comprised of a number of points, blades or spikes pointing outwardly from a central axis and designed to spin around that axis, and capable of causing serious injury, when thrown;\n\t(xa)\tsword—a thing designed or adapted for use as a weapon with a long blade and a hilt or handle, or which is intended to be used with a hilt or handle, which has a sharp point or a cutting edge on one or more sides;\n\t(y)\tthrowing knife—a knife that is designed to cause serious injury when thrown;\n\t(z)\ttrench knife—a knife comprised of a blade or spike attached to one end of a handle that is designed to be held in the closed fist with the fingers through the handle which serves as a knuckle duster;\n\t(za)\tundetectable knife—a knife that—\n\t(i)\tis made wholly or partly of a material that prevents the knife from being detected, or being detected as a knife, by either a metal detector or by a method using X‑rays; and\n\t(ii)\tis capable of causing serious injury or death.\n7—Article presumed to be prohibited weapon\nIf an article could, but for this regulation, be declared by these regulations to be both a dangerous article and a prohibited weapon, it will be taken, unless the contrary intention appears, to be declared to be a prohibited weapon and not a dangerous article.\n8—Unlawful selling or marketing of knives\n\t(1)\tSection 21D(1) of the Act does not apply to—\n\t(a)\ta razor blade permanently enclosed in a cartridge; or\n\t(b)\ta plastic or wooden knife used for, and intended to be disposed of after, eating; or\n\t(c)\ta butter knife, table knife or other knife of a kind typically sold in a cutlery set (whether or not the knife is actually sold in such a set), that does not have a sharp point.\n\t(2)\tFor the purposes of section 21D(2)(a) of the Act, the following kinds of identification are prescribed:\n\t(a)\ta current photographic driver's licence issued under the Motor Vehicles Act 1959 or under a corresponding law of another State or a Territory;\n\t(b)\ta current photographic student identification card issued by an Australian education institution that shows the age of the person;\n\t(c)\ta current photographic Proof of Age card issued by the Registrar of Motor Vehicles or by a corresponding public authority of the Commonwealth or another State or a Territory;\n\t(d)\ta current passport issued by the Commonwealth or under the law of another country, bearing a photograph of the person and enabling the age of the person to be determined;\n\t(e)\ta current photographic Keypass identification card issued by Alfa Omega Nominees Pty Ltd, trading as Commonwealth Key and Property Register.\n\t(3)\tSection 21D(4) of the Act does not apply to a knife marketed solely to the defence forces of Australia or the naval, military or air force of some other country.\n8A—Refund of application fee\nThe Minister may refund the whole or part of the prescribed fee for an application to the Minister for an exempt person declaration under section 21F(5)(b) of the Act if—\n\t(a)\tin the Minister's opinion, the weapon concerned is not a prohibited weapon; or\n\t(b)\tin the Minister's opinion, the applicant falls within a category of exempt person in Schedule 2 of the Act; or\n\t(c)\tthe application is refused.\n9—Information relating to knife related injuries\nSA Police (within the meaning of the Police Act 1998) is a prescribed body for the purposes of section 21G(1) of the Act.\n10—Effect of weapons prohibition order\nFor the purposes of section 21I of the Act, a person must notify the Commissioner of the presence of a prohibited weapon on premises at which the person resides in the following manner:\n\t(a)\tby reporting the fact in person to a police officer on duty at a police station;\n\t(b)\tby describing to the police officer the circumstances of the presence of the prohibited weapon on the premises.\n11—Evidentiary provisions\nFor the purposes of section 21O(d) of the Act, in any proceedings under the Act, a document produced by the prosecution purporting to be signed by the Commissioner and purporting to certify—\n\t(a)\tthat at a specified time, a specified person was or was not the subject of an approval under section 21B(1) of the Act and the conditions or limitations to which that approval was subject; or\n\t(b)\tthat at a specified time, a specified person was or was not declared to be exempt from section 21F(1) of the Act in specified circumstances; or\n\t(c)\tthat at a specified time, a weapons prohibition order applied to or did not apply to, or was or was not in force against, a specified person; or\n\t(d)\tthat at a specified time, a specified laser pointer was tested and shown by the test to be capable of emitting a laser beam with an accessible emission level greater than 1 milliwatt,\nconstitutes, in the absence of proof to the contrary, proof of the matters so certified.\n12—Prescribed weapons under Schedule 2 of Act\nThe following weapons are prescribed for the purposes of provisions of Schedule 2 of the Act as follows:\n\t(a)\tan extendable baton that can only be extended by means of gravity or centrifugal force is prescribed for the purposes of clause 19 of Schedule 2 of the Act;\n\t(b)\ta dirk or sgian dhu (also known as a \"skean dhu\") is prescribed for the purposes of clause 20 of Schedule 2 of the Act;\n\t(c)\ta dirk is prescribed for the purposes of clause 20(c)(ii) of Schedule 2 of the Act;\n\t(d)\ta poniard is prescribed for the purposes of clause 21 of Schedule 2 of the Act;\n\t(e)\ta laser pointer is prescribed for the purposes of clause 22 of Schedule 2 of the Act;\n\t(f)\tan undetectable knife is prescribed for the purposes of clause 23 of Schedule 2 of the Act.\nPart 2A—Liquor offences\n12A—Interpretation\nIn this Part—\nbeer, liquor, spirits and wine have the same respective meanings as they have in the Liquor Licensing Act 1997;\npre-mixed alcoholic beverage means a pre‑mixed beverage that contains liquor and another beverage that is not liquor.\n12B—Prescribed amounts\nFor the purposes of sections 21OB(6) and 21OC(2) of the Act, the prescribed amount of liquor is—\n\t(a)\t750 millilitres of spirits; or\n\t(b)\t4 litres of wine; or\n\t(c)\t9 litres of beer; or\n\t(d)\t4.5 litres of pre‑mixed alcoholic beverage.\n12C—Disapplication of sections 21OB and 21OC of Act—prescribed circumstances\n\t(1)\tPursuant to section 21OF(a) of the Act, section 21OB(1) of the Act does not apply to a person who—\n\t(a)\thas possession of liquor for the purpose of sale; or\n\t(b)\ttransports liquor for the purpose of sale; or\n\t(c)\ttransports liquor, for the purpose of sale, to a place other than a place at or on which liquor may lawfully be sold,\nin circumstances where that possession or transportation (as the case requires) is prohibited under another Act or law.\n\t(2)\tPursuant to section 21OF(a) of the Act, section 21OC(1) of the Act does not apply to a person who—\n\t(a)\tsupplies liquor; or\n\t(b)\ttransports liquor with the intention to supply any of it, or believing that another person intends to supply any of it; or\n\t(c)\tpossesses liquor intending to supply any of it,\nto a third person in a prescribed area in circumstances where that supply, transportation or possession is prohibited under another Act or law.\nPart 3—Tattooing, body piercing and body modification\n13—Interpretation\nIn this Part—\ncustomer, in relation to a service provider, means a person on whom the service provider is to carry out a body piercing or body modification procedure;\nservice provider means a person who (or on whose behalf another person) is to perform a body piercing or body modification procedure on a third person.\n14—Evidence of age of person\nFor the purposes of sections 21R(4)(a)(i) and 21T(2)(a) of the Act, the following kinds of evidence of a person's age may be produced to a service provider:\n\t(a)\ta current photographic driver's licence issued under the Motor Vehicles Act 1959 or under a corresponding law of another State or a Territory;\n\t(b)\ta current photographic student identification card issued by an Australian education institution that shows the age of the person;\n\t(c)\ta current photographic Proof of Age card issued by the Registrar of Motor Vehicles or by a corresponding public authority of the Commonwealth or another State or a Territory;\n\t(d)\ta current passport issued by the Commonwealth or under the law of another country, bearing a photograph of the person and enabling the age of the person to be determined;\n\t(e)\ta current photographic Keypass identification card issued by Alfa Omega Nominees Pty Ltd, trading as Commonwealth Key and Property Register.\n15—Pre‑conditions to performing certain procedures\n\t(1)\tFor the purposes of section 21S(1)(a) of the Act, the following prescribed information must be included in the written agreement entered into between the service provider and the customer:\n\t(a)\tthe name, address and phone number of the business where the procedure is to be performed;\n\t(b)\tthe name of the person who will perform the procedure; \n\t(c)\tthe name and address of the customer;\n\t(d)\ta description of the nature of the procedure to be performed on the customer and the manner in which it is to be carried out;\n\t(e)\tif more than 1 session will be required for the purpose of completing the procedure, an estimation of the number of such sessions required;\n\t(f)\tif the procedure includes a body piercing—\n\t(i)\ta detailed description of the type of jewellery that will be used in the piercing; and\n\t(ii)\ta description of the precise part of the body on which the procedure is to be performed.\n\t(2)\tFor the purposes of section 21S(1)(b)(ii) of the Act, the consent form for a customer who is less than 16 years of age on whom a body piercing is to be performed must include the following information:\n\t(a)\tthe name and address of the customer;\n\t(b)\tthe date of birth of the customer;\n\t(c)\tthe name, address and phone number of the customer's guardian;\n\t(d)\tthe name, address and phone number of the business where the procedure is to be performed;\n\t(e)\ta detailed description of the body piercing to be performed on the customer.\n\t(3)\tThe consent form must be—\n\t(a)\tsigned and dated by the customer's guardian; and\n\t(b)\tverified by statutory declaration.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(4)\tFor the purposes of paragraph (b) of the definition of prescribed information in section 21S(4) of the Act, information about the possible risks associated with body piercing or body modification is prescribed.\n16—Prescribed information\n\t(1)\tFor the purposes of section 21U of the Act, the following information is prescribed:\n\t(a)\tthat it is an offence to perform an intimate body piercing or body modification procedure on a person under the age of 18 years;\n\t(b)\tthat the penalty for an offence referred to in paragraph (a) is a fine of $5 000 or imprisonment for 12 months;\n\t(c)\tthat it is an offence to perform any other body piercing on a minor under the age of 16 years without first obtaining the consent of the minor's guardian—\n\t(i)\tin person; or\n\t(ii)\tin writing in the prescribed form and verified by statutory declaration;\n\t(d)\tthat the penalty for an offence referred to in paragraph (c) is a fine of $5 000 or imprisonment for 12 months;\n\t(e)\tthat it is an offence to sell body modification equipment to a person under the age of 18 years;\n\t(f)\tthat the penalty for an offence referred to in paragraph (e) is a fine of $2 500;\n\t(g)\tthat proof of age may be required—\n\t(i)\tbefore a body piercing or body modification procedure may be performed; or\n\t(ii)\tbefore body modification equipment may be purchased.\n\t(2)\tThe prescribed information must be printed on a notice in any readily legible font no smaller than 12 points and displayed in a prominent place at the premises at which the procedures are offered.\n17—Record keeping\nFor the purposes of section 21V(1), a service provider must keep the following records:\n\t(a)\ta written agreement entered into with a customer under section 21S(1)(a) of the Act;\n\t(b)\tthe written consent of a customer's guardian and the statutory declaration verifying the consent under section 21S(1)(b)(ii) of the Act;\n\t(c)\tevidence of a person's age produced to the service provider.\nPart 3A—Searches of persons to prevent and detect certain offences\n17A—Prescribed offence (section 66ZA)\n\t(1)\tFor the purposes of section 66ZA(1)(a) of the Act, the following offences are prescribed:\n\t(a)\tan offence of violence;\n\t(b)\tan offence relating to the carriage of a weapon.\n\t(2)\tIn this regulation—\noffence of violence means an offence against one of the following provisions of the Criminal Law Consolidation Act 1935:\n\t(a)\tsection 11;\n\t(b)\tsection 12A;\n\t(c)\tsection 13;\n\t(d)\tsection 20(4);\n\t(e)\tsection 20AA;\n\t(f)\tsection 20A (only where aggravated by the use of a weapon pursuant to section 5AA(1)(b) of the Criminal Law Consolidation Act 1935);\n\t(g)\tsection 23;\n\t(h)\tsection 24;\n\t(i)\tsection 29;\n\t(j)\tsection 29A;\n\t(k)\tsection 31;\n\t(l)\tsection 32;\n\t(m)\tsection 32AA;\n\t(n)\tsection 83B (only where aggravated by the use of a weapon pursuant to section 5AA(1)(b) of the Criminal Law Consolidation Act 1935);\n\t(o)\tsection 83C (only where aggravated by the use of a weapon pursuant to section 5AA(1)(b) of the Criminal Law Consolidation Act 1935);\n\t(p)\tsection 137 (only where aggravated by the use of a weapon pursuant to section 5AA(1)(b) of the Criminal Law Consolidation Act 1935);\n\t(q)\tsection 170 (only where aggravated by the use of a weapon pursuant to section 5AA(1)(b) of the Criminal Law Consolidation Act 1935);\n\t(r)\tsection 170A (only where aggravated by the use of a weapon pursuant to section 5AA(1)(b) of the Criminal Law Consolidation Act 1935);\noffence relating to the carriage of a weapon means an offence against a provision of Part 3A of the Summary Offences Act 1953 other than section 21B or 21D.\n17AB—Prescribed person (section 66ZA)\n\t(1)\tFor the purposes of section 66ZA(1)(c) of the Act, persons who are participants in street gangs are a prescribed class of person.\n\t(2)\tIn this regulation—\nparticipant, in a street gang, has the same meaning as in Part 3BA of the Criminal Law Consolidation Act 1935;\nstreet gang has the same meaning as in Part 3BA of the Criminal Law Consolidation Act 1935.\n17B—Prescribed person (section 66ZC)\n\t(1)\tFor the purposes of the definition of prescribed person in section 66ZC(4) of the Act, the following persons are prescribed:\n\t(a)\tif the Commissioner has determined a person to be a prescribed person in relation to a declared shopping precinct, declared public transport hub, declared public transport service or declared place of worship—that person; plus\n\t(b)\t—\n\t(i)\tfor a declared shopping precinct—\n\t(A)\tin the case of a shopping mall or other area where retail shops are concentrated on council‑owned land, where there is no owner or manager of the precinct—the Chief Executive Officer of the relevant council; or\n\t(B)\tin any other case—the owner or manager of the shopping precinct;\n\t(ii)\tfor a declared public transport hub—\n\t(A)\tin the case of a public transport hub operated by the Transport Department—that Department; or\n\t(B)\tin the case of a public transport hub on or adjacent to a shopping precinct—the owner or manager of the shopping precinct and the Transport Department; or\n\t(C)\tin any other case—the owner or manager of the public transport hub and the Transport Department;\n\t(iii)\tfor a declared public transport service—the Chief Executive (or equivalent) of the operator of the service;\n\t(iv)\tfor a declared place of worship—the person responsible for the day to day management or operation of the place of worship.\n\t(2)\tIn this regulation—\nTransport Department means the Department responsible for the administration of the Passenger Transport Act 1994.\nPart 4—Interviewing certain suspects and vulnerable witnesses\n18—Interpretation\n\t(1)\tIn this Part—\nintoxication means a temporary disorder, abnormality or impairment of the mind that results from the consumption or administration of intoxicants and will pass on metabolism or elimination of intoxicants from the body;\nprescribed communication assistant—see regulation 22(1);\nprescribed communication device—see regulation 22(2);\nprescribed companion—see regulation 21;\nprescribed interviewer—see regulation 20;\nsuspect has the same meaning as in section 74D of the Act;\nvulnerable witness means a witness to whom Part 17 Division 3 of the Act applies.\n\t(2)\tFor the purposes of this Part, a person who is to be interviewed may be taken to have complex communication needs if the person has significant difficulty in communicating effectively with the interviewer, whether the communication difficulty is temporary or permanent and whether caused by disability, illness or injury, but not by intoxication.\n19—Interviewing suspects with complex communication needs\n\t(1)\tIf an investigating officer proposes to interview a suspect whom the officer believes may have complex communication needs, the officer must, in addition to the requirements of section 74D of the Act, make the following arrangements as may be relevant:\n\t(a)\tarrangements for the suspect to be accompanied during the interview by a person who is a prescribed communication assistant;\n\t(b)\tarrangements for the suspect to use, or be provided with, a prescribed communication device for the purposes of the interview.\n\t(2)\tDespite subregulation (1)(a), if the investigating officer is satisfied that—\n\t(a)\tit is not reasonably practicable in the circumstances to make arrangements for the suspect to be accompanied by a prescribed communication assistant (whether because no suitable prescribed communication assistant is available or for some other reason); and\n\t(b)\tthe circumstances do not warrant postponing the interview until such arrangements can be made,\nthe interviewer may proceed with the interview without a prescribed communication assistant being present.\n\t(3)\tDespite subregulation (1)(b), if the investigating officer is satisfied that—\n\t(a)\tit is not reasonably practicable in the circumstances to make arrangements for the suspect to be provided with a prescribed communication device (whether because no suitable prescribed communication device is available or for some other reason); and\n\t(b)\tthe circumstances do not warrant postponing the interview until such arrangements can be made,\nthe interviewer may proceed with the interview without the use of a prescribed communication device.\n\t(4)\tFor the purposes of section 74D of the Act—\n\t(a)\tthe following information must be included in a record of an interview:\n\t(i)\tthe date on which the record was made;\n\t(ii)\tthe identity of all persons who were present at any time during the interview;\n\t(iii)\tdetails of any breaks in the interview, including the time the break commenced and concluded and (so far as is practicable) the reason for the break; and\n\t(b)\tif an audio visual record of an interview is made and the suspect—\n\t(i)\tis accompanied during the interview by a prescribed communication assistant; or\n\t(ii)\tis provided with a prescribed communication device for the purposes of the interview,\nthe suspect, the communication assistant and the communication device (as the case may be) must be visible at all times in the recording.\n20—Prescribed interviewers\n\t(1)\tFor the purposes of section 74EB(b) of the Act, a prescribed interviewer is—\n\t(a)\ta police officer or public sector employee, or a police officer or public sector employee of a class, authorised by the Commissioner or the Minister by written notice to conduct interviews with vulnerable witnesses; or\n\t(b)\ta person, or a person of a class, authorised under a law of the Commonwealth or of another State or a Territory to conduct interviews with vulnerable witnesses; or\n\t(c)\ta person who has successfully completed a training course in conducting interviews with vulnerable witnesses—\n\t(i)\tapproved by the Commissioner; or\n\t(ii)\tapproved by the Minister.\n\t(2)\tIn this regulation—\nMinister means the Minister for Health;\npublic sector employee has the same meaning as in the Public Sector Act 2009.\n21—Prescribed companions\nFor the purposes of providing emotional support to a vulnerable witness while the witness is being interviewed, a person, or a person of any of the following classes, is prescribed:\n\t(a)\ta parent, guardian, spouse, domestic partner or any other relative of the witness;\n\t(b)\ta friend or carer of the witness;\n\t(c)\tany other person approved for the purposes of the interview with the witness by the prescribed interviewer who is to conduct the interview;\n\t(d)\ta person of a class approved by the Commissioner for the purposes of this regulation.\n22—Prescribed communication assistants and communication devices\n\t(1)\tThe following persons are prescribed as communication assistants for the purposes of providing communication assistance to a suspect or vulnerable witness while the suspect or witness is being interviewed by an investigating officer or prescribed interviewer:\n\t(a)\ta communication partner (within the meaning of section 4 of the Evidence Act 1929);\n\t(b)\tany other person approved for the purposes of the interview with the suspect or witness by the investigating officer or prescribed interviewer who is to conduct the interview.\n\t(2)\tThe following communication devices are prescribed for the purposes of providing communication assistance to a suspect or vulnerable witness while the suspect or witness is being interviewed:\n\t(a)\ttext, symbol or picture boards;\n\t(b)\tspeak‑and‑spell communication devices;\n\t(c)\tvoice output communication devices;\n\t(d)\ttablets, laptops or other computers or devices equipped with software designed to assist persons with complex communication needs to communicate more readily;\n\t(e)\tany other device, whether electronic or not, as may be approved for the purposes of the interview by the investigating officer or prescribed interviewer who is to conduct the interview.\n23—Interviewing vulnerable witnesses\n\t(1)\tFor the purposes of section 74EB(a) of the Act—\n\t(a)\tthe following information must be included in an audio visual recording of an interview with a vulnerable witness:\n\t(i)\tthe date on which the recording was made;\n\t(ii)\tthe identity of all persons who were present at any time during the interview;\n\t(iii)\tdetails of any breaks in the interview, including the time the break commenced and concluded and (so far as is practicable) the reason for the break; and\n\t(b)\tif the vulnerable witness is accompanied during the interview by—\n\t(i)\ta prescribed companion; or\n\t(ii)\ta prescribed communication assistant,\nthe witness, the companion and the communication assistant (as the case may be) must be visible at all times in the recording; and\n\t(c)\tif the vulnerable witness is provided with a prescribed communication device for the purpose of providing communication assistance during the interview, the witness and the communication device must be visible at all times in the recording.\n\t(2)\tA prescribed interviewer who proposes to interview a vulnerable witness whom the interviewer believes may have complex communication needs must make the following arrangements as may be relevant:\n\t(a)\tarrangements for the witness to be accompanied during the interview by a person who is a prescribed communication assistant;\n\t(b)\tarrangements for the witness to use, or be provided with, a prescribed communication device for the purposes of the interview.\n\t(3)\tDespite subregulation (2)(a), if the prescribed interviewer is satisfied that—\n\t(a)\tit is not reasonably practicable in the circumstances to make arrangements for the vulnerable witness to be accompanied by a prescribed communication assistant (whether because no suitable prescribed communication assistant is available or for some other reason); and\n\t(b)\tthe circumstances do not warrant postponing the interview until such arrangements can be made,\nthe interviewer may proceed with the interview without a prescribed communication assistant being present and the interview will, for the purposes of Part 17 Division 3 of the Act, be taken to have met the prescribed requirements.\n\t(4)\tDespite subregulation (2)(b), if the prescribed interviewer is satisfied that—\n\t(a)\tit is not reasonably practicable in the circumstances to make arrangements for the vulnerable witness to be provided with a prescribed communication device (whether because no suitable prescribed communication device is available or for some other reason); and\n\t(b)\tthe circumstances do not warrant postponing the interview until such arrangements can be made,\nthe interviewer may proceed with the interview without the use of a prescribed communication device and the interview will, for the purposes of Part 17 Division 3 of the Act, be taken to have met the prescribed requirements.\n\t(5)\tA prescribed interviewer who proposes to interview a vulnerable witness whom the interviewer believes should be provided with emotional or other support during the interview must, if the witness wishes to be accompanied by a person who is a prescribed companion, make arrangements for the witness to be so accompanied during the interview.\n\t(6)\tDespite subregulation (5), if the prescribed interviewer is satisfied that—\n\t(a)\tit is not reasonably practicable in the circumstances to make arrangements for the vulnerable witness to be accompanied by a prescribed companion (whether because no suitable prescribed companion is available or for some other reason); and\n\t(b)\tthe circumstances do not warrant postponing the interview until such arrangements can be made,\nthe interviewer may proceed with the interview without a prescribed companion being present and the interview will, for the purposes of Part 17 Division 3 of the Act, be taken to have met the prescribed requirements.\n\t(7)\tFor the purposes of section 74EB(c), the manner in which an interview with a vulnerable witness is conducted will meet the prescribed requirements if—\n\t(a)\tso far as is practicable, any statement made by the vulnerable witness is not elicited by the use of leading questions; and\n\t(b)\tthe vulnerable witness appears to understand that he or she must tell the truth; and\n\t(c)\tthe interview is conducted in accordance with this regulation.\n24—Access to audio visual record for training and assessment\nAn audio visual record of an interview made under Part 17 of the Act, and any transcript or extract from a transcript of such an interview, may be accessed and used (in addition to its use for admission as evidence under section 74E or 74EC of the Act) for the purposes of reviewing, assessing and evaluating the conduct of interviews in order to—\n\t(a)\tprovide training for interviewers; and\n\t(b)\tto make improvements to the conduct of interviews generally under that Part.\nPart 5—Intimate search records\nDivision 1—Interpretation\n25—Interpretation\nIn this Part—\nintimate search record means any videotape recording, or a written record of an intimate search, made under section 81 of the Act;\nregister book means the register book required to be kept at a police station by these regulations.\nDivision 2—Register books\n26—Obligation to keep register book\n\t(1)\tThe police officer in charge of a police station must maintain and keep at the station a register book in which the details relating to intimate search records must be entered legibly as required by these regulations, using the form in Schedule 1.\n\t(2)\tThe officer must comply with any directions of the Commissioner as to the form in which the register book is to be kept.\n27—Initial entry in register book\nThe police officer in charge of a police station at which an intimate search record is made must, as soon as practicable after the record is made, ensure that—\n\t(a)\tthe details required by Part A of the form in Schedule 1 are entered in the register book; and\n\t(b)\tthe record is clearly marked with a unique identifier enabling it to be linked with that entry in the register book.\n28—Signing of register book etc\nA person who enters details in the register book must comply with the requirements of the form set out in Schedule 1 as to the signing of the register book and the obtaining of signed receipts.\n29—Inspection of register book by Commissioner\n\t(1)\tThe police officer in charge of a police station must ensure that the register book kept at the station is available for inspection at any time by the Commissioner or by a police officer authorised by the Commissioner to inspect register books.\n\t(2)\tThe Commissioner must cause all register books to be inspected regularly and at least twice yearly for the purposes of ascertaining—\n\t(a)\twhether these regulations are being complied with; and\n\t(b)\twhether any intimate search records should be destroyed.\nDivision 3—Storage, movement and destruction of intimate search records\n30—Storage of intimate search records\nThe police officer in charge of a police station at which an intimate search record is made must ensure that at all times, except while it is being used in connection with a purpose authorised by the Act or these regulations, the record is stored in a secure place at the police station so as to prevent unauthorised access.\n31—Removal from storage and return of intimate search records\n\t(1)\tSubject to subregulation (2), a person must not remove an intimate search record from storage.\n\t(2)\tThe police officer in charge of the police station at which an intimate search record is stored may remove an intimate search record from storage only—\n\t(a)\tif the officer requires the record for the purposes of these regulations or section 81(3c), (3d), (3e) or (3f) of the Act;\n\t(b)\tif another person has requested access to the record and the officer reasonably believes that the person requires the record for a purpose referred to in paragraph (a).\n\t(3)\tAs soon as practicable after removing the record from storage, the officer in charge must enter in the register book the details required by Part B of the form in Schedule 1, including, except where the purpose of removal is destruction of the record, the estimated date of return of the record.\n\t(4)\tAs soon as practicable after the record is returned, the officer in charge must ensure that the details required by Part C of the form in Schedule 1 are entered in the register book.\n\t(5)\tIf an intimate search record is not returned by the estimated date of return—\n\t(a)\tthe officer in charge must ask the person to whom the record was given to give an undertaking to return the record either immediately or on a reviewed estimated date of return; and\n\t(b)\tthe officer in charge must ensure that the details required by Part D of the form in Schedule 1 are entered in the register book.\n\t(6)\tIf the record is not returned within the time specified in an undertaking given under subregulation (5), the officer in charge must notify the Commissioner of that fact in writing.\n32—Copies of intimate search records\n\t(1)\tSubject to subregulation (2), a person (other than the detainee) must not make a copy of an intimate search record.\n\t(2)\tA police officer in charge of a police station at which an intimate search record is stored, or another person with the approval of that officer, may make a copy of the record—\n\t(a)\ton request by the detainee; or\n\t(b)\tas may be required for purposes related to the investigation of an offence or alleged misconduct or for the purposes of, or purposes related to, legal proceedings, or proposed legal proceedings, to which the record is relevant.\n\t(3)\tThe officer in charge must ensure that—\n\t(a)\tas soon as practicable after the copy is made—\n\t(i)\tthe details of the making of the copy required by Part E of the form in Schedule 1 are entered in the register book; and\n\t(ii)\tthe copy is clearly marked with a unique identifier enabling it to be linked with that entry in the register book; and\n\t(b)\tthe copy—\n\t(i)\tis stored in a secure place at the police station so as to prevent unauthorised access; and\n\t(ii)\tis not removed from storage except by the officer in charge for the purpose of providing the copy to the person on whose request the copy was made.\n\t(4)\tAs soon as practicable after a copy of an intimate search record is lawfully removed from storage or is given to the detainee, the officer in charge must ensure that the details required by Part F of the form in Schedule 1 are entered in the register book, including, except where the purpose of removal is destruction of the copy, the estimated date of return of the copy.\n\t(5)\tAs soon as practicable after a copy of an intimate search record is returned to the police station, the officer in charge must ensure that the details required by Part G of the form in Schedule 1 are entered in the register book.\n\t(6)\tIf a copy of an intimate search record is not returned by the estimated date of return—\n\t(a)\tthe officer in charge must ask the person to whom the copy was given to give an undertaking to return the copy either immediately or on a reviewed estimated date of return; and\n\t(b)\tthe officer in charge must ensure that the details required by Part H of the form in Schedule 1 are entered in the register book.\n\t(7)\tIf the copy is not returned within the time specified in an undertaking given under subregulation (6), the officer in charge must notify the Commissioner of that fact in writing.\n33—Destruction of intimate search records and copies\n\t(1)\tAn intimate search record and any copy of such a record may only be destroyed—\n\t(a)\tby the police officer in charge of the police station at which the record is required to be kept; or\n\t(b)\tby some other person with the approval of that officer.\n\t(2)\tIf an intimate search record is lawfully destroyed, any copies of the record (other than a copy provided to the detainee) must also be destroyed.\n\t(3)\tIf an intimate search record is to be destroyed but the record or any copies of the record are not at the police station at which they are required to be kept, the Commissioner must direct the immediate return of the record or copies to that station.\n\t(4)\tIf a record or a copy of a record is not returned as required by a direction given under subregulation (3), the officer in charge must notify the Commissioner of that fact in writing.\n\t(5)\tThe officer in charge responsible for the destruction of an intimate search record and any copies must, as soon as practicable after the destruction, ensure that the details required by Part I of the form in Schedule 1 are entered in the register book.\n\t(6)\tAn intimate search record consisting of a videotape recording will be regarded as having been destroyed if all material recorded on the videotape has been erased.\nPart 5A—Custody Notification Service\n33A—Interpretation\nIn this Part—\nALRM means the Aboriginal Legal Rights Movement Ltd;\nALRM representative means a person employed or engaged by ALRM;\ncustodial police station has the same meaning as in section 78 of the Act;\ndesignated police facility has the same meaning as in section 78 of the Act;\npolice facility means a custodial police station or designated police facility;\nresponsible officer, in respect of a person detained at a police facility in police custody, means the police officer who is for the time being responsible for the custodial management of that person.\n33B—Application of Part\nThis Part is in addition to, and does not derogate from, a provision of this Act, or of any other Act or law, relating to the arrest or detention of Aboriginal or Torres Strait Islander persons.\n33C—ALRM to be notified of detention of Aboriginal or Torres Strait Islander persons\n\t(1)\tThe responsible officer in respect of a person (including, to avoid doubt, a child) detained at a police facility in police custody must, as soon as is reasonably practicable after the person is detained at the facility—\n\t(a)\task the person whether they are an Aboriginal or Torres Strait Islander person; and\n\t(b)\tif the person identifies themself as, or appears to the responsible officer to be, an Aboriginal or Torres Strait Islander person—\n\t(i)\tinform the person that ALRM will be notified of the person's detention at the police facility; and\n\t(ii)\tnotify ALRM of the detention of the person in accordance with this regulation.\n\t(1a)\tThe responsible officer must notify ALRM of the detention of the person—\n\t(a)\tby attempting to contact ALRM by telephone; and\n\t(b)\tif the telephone call is unanswered—by email to a dedicated email address provided by ALRM for that purpose (being an email address that ALRM has undertaken to monitor).\n\t(2)\tWithout limiting the information that may be given to ALRM under this regulation, the responsible officer must ensure that ALRM is given—\n\t(a)\tthe name of the Aboriginal or Torres Strait Islander person (if known); and\n\t(b)\tdetails of the police facility where the Aboriginal or Torres Strait Islander person is being detained; and\n\t(c)\tthe name and contact details of the responsible officer.\n\t(3)\tA responsible officer must, at the request of an ALRM representative, allow the ALRM representative to speak by telephone to, or visit, (or both) the Aboriginal or Torres Strait Islander person for a reasonable period.\n\t(4)\tThe responsible officer must, as soon as is reasonably practicable after an ALRM representative has spoken to or visited an Aboriginal or Torres Strait Islander person, be available to be contacted by the ALRM representative to discuss—\n\t(a)\tany concerns held by the ALRM representative regarding the welfare of the person (including any need the person may have for medical attention); and\n\t(b)\twhether the person needs the services of an interpreter, or the presence of a support person, when being interviewed in relation to an offence or in applying for bail.\n\t(5)\tThe responsible officer must ensure that a record is made of—\n\t(a)\ta person being asked and informed (as the case requires) of the matters referred to in subregulation (1); and\n\t(b)\tALRM being notified under subregulation (1a); and\n\t(c)\tany other occasion when there is contact between the responsible officer, or another police officer, and ALRM or an ALRM representative in respect of the Aboriginal or Torres Strait Islander person, including details of any matters discussed during that contact.\n\t(6)\tA responsible officer who, without reasonable excuse, refuses or fails to comply with a requirement under this Part may be dealt with under the Police Complaints and Discipline Act 2016 for a breach of discipline.\nPart 6—Miscellaneous\n34—Declaration of vehicle immobilisation devices\nPursuant to section 74BAA(2) of the Act, devices of the following kinds are declared to be vehicle immobilisation devices:\n\t(a)\tthe Stinger Spike System;\n\t(b)\tthe Stop Stick;\n\t(c)\tthe Scorpion Rat Trap;\n\t(d)\tthe X‑Net.\n35—Prescribed serious criminal offences\nFor the purposes of the definition of serious criminal offence in section 74BA of the Act, offences against the following provisions are prescribed:\n\t(a)\tsections 21C(2)(a) and 21F(1)(a) of the Act;\n\t(b)\tsection 25 of the Controlled Substances Act 1984;\n\t(c)\tsections 12, 23 and 48 of the Explosives Act 1936;\n\t(d)\tsections 75, 76 and 90 of the Lottery and Gaming Act 1936;\n\t(e)\tregulations 2.02, 4.02, 4.08, 4.10, 4.17, 4.25, 9.02 and 15.10 of the Explosives Regulations 2011;\n\t(f)\tregulation 5 of the Explosives (Fireworks) Regulations 2001.\n36—Prescribed form of written record of telephone application\nThe prescribed form for a written record of a telephone application for the purposes of section 78(4) of the Act is that set out in Form 1 of Schedule 2.\n37—Prescribed form of warrant (section 83C)\nThe prescribed form for a warrant for the purposes of section 83C of the Act is that set out in Form 2 of Schedule 2.\nSchedule 1—Register form\n(Part 5)\nForm 1—Register form (Part 5)\nPart A\nInitial entry in register book\n(regulation 27)\nName and address of police station:\nName of detainee:\nAddress:\nAge:\nSex:\nType of record (videotape of search, written record of search or videotape of read over of written record):\nUnique identifier for the record:\nDate of search:\nNames of persons present at search, rank and station (if member of police force) and their role in the search:\nObjects found (if any) as a result of search:\nDate on which the written record (if any) was made:\nName (and rank and station if member of police force) of person completing this Part:\nSignature of person completing this Part:\nDate:\nName, rank and station of officer in charge of police station:\nSignature of officer in charge of police station:\nDate:\nPart B\nRemoval of intimate search record from storage\n(regulation 31)\nName and address of police station:\nDate on which record removed from storage:\nName (and rank and station if member of the police force) of person requesting access to record:\nOffice hours telephone number of person requesting access:\nReason for access to the record:\nEstimated date of return of record (unless record is to be destroyed):\nSignature of person to whom record is supplied:\nDate:\nName, rank and station of officer in charge of police station removing record from storage:\nSignature of officer in charge of police station:\nDate:\nPart C\nReturn of intimate search record\n(regulation 31)\nName and address of police station:\nDate of return of record:\nName (and rank and station if member of police force) of person returning record:\nSignature of person returning the record:\nDate:\nName (and rank and station if member of police force) of person completing this Part:\nSignature of person completing this Part:\nDate:\nName, rank and station of officer in charge of police station:\nSignature of officer in charge of police station:\nDate:\nPart D\nIf intimate search record not returned by estimated date of return\n(regulation 31)\nName and address of police station:\nAction taken by officer in charge of police station in respect of non-return of record by estimated date of return stated in Part B:\nUndertakings given to officer in charge of police station as to return of record:\nName (and rank and station if member of police force) of person completing this Part:\nSignature of person completing this Part:\nDate:\nName, rank and station of officer in charge of police station:\nSignature of officer in charge of police station:\nDate:\nPart E\nCopies of intimate search records\n(regulation 32)\nName and address of police station:\nUnique identifier for the copy:\nDate on which copy is made:\nReasons for making copy (request by detainee/required for legal proceedings):\nDetails of person copy supplied to:\nName:\nAddress:\nOffice hours telephone no:\nReceipt signed & dated:\nName (and rank and station if member of police force) of person completing this Part:\nSignature of person completing this Part:\nDate:\nName, rank and station of officer in charge of police station:\nSignature of officer in charge of police station:\nDate:\nPart F\nRemoval of copies\n(regulation 32)\nName and address of police station:\nDate on which copy removed from storage:\nName (and rank and station if member of the police force) of person requesting access to copy:\nOffice hours telephone number of person requesting access:\nReason for access to the copy:\nEstimated date of return of copy (unless copy is to be destroyed):\nSignature of person to whom copy supplied:\nDate:\nName (and rank and station if member of police force) of person completing this Part:\nSignature of person completing this Part:\nDate:\nName, rank and station of officer in charge of police station removing copy from storage:\nSignature of officer in charge of police station:\nDate:\nPart G\nReturn of copies\n(regulation 32)\nName and address of police station:\nDate of return of copy:\nName (and rank and station if member of police force) of person returning copy:\nSignature of person returning copy:\nDate:\nName (and rank and station if member of police force) of person completing this Part:\nSignature of person completing this Part:\nDate:\nName, rank and station of officer in charge of police station:\nSignature of officer in charge of police station:\nDate:\nPart H\nIf copy not returned by estimated date of return\n(regulation 32)\nName and address of police station:\nAction taken by officer in charge of police station in respect of non-return by the estimated date of return stated in Part F:\nUndertakings given to the officer as to the return of the record:\nName (and rank and station if member of police force) of person completing this Part:\nSignature of person completing this Part:\nDate:\nName, rank and station of officer in charge of police station:\nSignature of officer in charge of police station:\nDate:\nPart I\nDestruction of intimate search record and any copies\n(regulation 33)\nName and address of police station:\nReason for destruction (tick whichever is applicable):\n\t(a)\tCommissioner satisfied that record not likely to be required for purposes referred to in section 81(3e)\n\t(b)\torder of court or tribunal\nDate and time of destruction:\nMethod of destruction:\nHave all copies (other than that supplied to detainee) been destroyed? YES/NO\nName, rank and station of officer carrying out the destruction:\nSignature of officer carrying out the destruction:\nDate:\nName (and rank and station if member of police force) of person completing this Part:\nSignature of person completing this Part:\nDate:\nName, rank and station of officer in charge of police station:\nSignature of officer in charge of police station:\nDate:\nSchedule 2—Forms\n(Part 6)\nForm 1—Application made by telephone for an authorisation pursuant to section 78\nSummary Offences Act 1953\nApplication made by [insert applicant's name] of [insert applicant's address] on [insert date] at [insert time].\nName of person apprehended:\nAddress:\nAge:\nSex:\nDetails of offence under investigation:\nTime and date of apprehension*\nor\nTime and date delivered into custody at police station*\nGrounds on which application made:\nDetermination of application:\nIf the application is granted, details of terms and conditions:\nDate:\nMagistrate:\n(*Delete whichever is inapplicable)\ncc Manager, Criminal Justice Section.\nForm 2—Warrant to enter premises pursuant to section 83C(3)\nSummary Offences Act 1953\nPursuant to section 83C(3) of the Summary Offences Act 1953, I authorise [state name of officer] to enter premises situated at [insert address] being the last place of residence of—\n\t*\ta deceased person of unknown identity\n\t*\tthe following deceased person [insert name of deceased]\n\t*\ta deceased *male/female/adult/child\nfor the purpose of—\n\t*(a)\tsearching the premises for material that might identify or assist in identifying the deceased or relatives of the deceased;\n\t*(b)\ttaking property of the deceased into safe custody.\nDate:\nCommissioner of Police:\n(*Delete if not known or inapplicable)\nSchedule 3—Savings and transitional provisions (Schedule 1 clause 76 of Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021)\n1—Application of Act to continuing complaints etc\nThe Act as in force before the commencement of Schedule 1 of the Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 continues to apply in connection with any complaint, report or investigation referred to in clause 70 of that Schedule.\nLegislative history\nNotes\n\t•\tVariations of this version that are uncommenced are not incorporated into the text.\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 Summary Offences Regulations 2016 revoked the following:\nSummary Offences (General) Regulations 2001\nSummary Offences (Weapons) Regulations 2012\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2016\n169\nGazette 30.6.2016 p2766 \n1.7.2016: r 2\n2017\n181\nGazette 22.6.2017 p2481\n1.7.2017: r 2\n2017\n287\nGazette 4.10.2017 p4233\n4.10.2017: r 2\n2018\n1\nGazette 23.1.2018 p284\n23.1.2018: r 2\n2018\n106\nGazette 21.6.2018 p2263\n1.7.2018: r 2\n2019\n108\nGazette 13.6.2019 p1959\n1.7.2019: r 2\n2020\n127\nGazette 4.6.2020 p2961\n1.7.2020: r 2\n2020\n228\nGazette 2.7.2020 p3702\n1.10.2021—date varied by 288/2020 r 4 (Gazette 29.10.2020 p4928) and 15/2021 r 4 (Gazette 18.2.2021 p520) and 83/2021 r 4 (Gazette 24.6.2021 p2276)\n2020\n297\nGazette 19.11.2020 p5085\n13.12.2020: r 2\n2021\n84\nGazette 24.6.2021 p2278\n1.10.2021 immediately after r 4 of 228/2020: r 2\n2021\n151\nGazette 7.10.2021 p3704\n7.10.2021: r 2\n2022\n12\nGazette 10.2.2022 p341\n10.2.2022: r 2\n2023\n64\nGazette 6.7.2023 p2136\n6.11.2023: r 2\n2025\n10\nGazette 3.4.2025 p560\n3.4.2025: r 2\n2025\n52\nGazette 26.6.2025 p2119\n1.7.2025: r 2\n2025\n100\nGazette 4.9.2025 p3778\n1.7.2026: r 2\n2026\n13\nGazette 12.2.2026 p268\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\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n1.7.2017\nPt 2\n\n\nr 6\namended by 52/2025 r 3(1), (2)\n1.7.2025\nr 8\n\n\nr 8(1)\namended by 52/2025 r 4\n1.7.2025\nrr 8AA and 8AB\ninserted by 100/2025 r 3\n1.7.2026—not incorporated\nr 8A\ninserted by 127/2020 r 4\n1.7.2020\nPt 2A\ninserted by 297/2020 r 4\n13.12.2020\nPt 3A\ninserted by 10/2025 r 3\n3.4.2025\nr 17A\n\n\nr 17A(2)\n\n\noffence of violence\namended by 52/2025 r 5\n1.7.2025\nr 17AB\ninserted by 13/2026 r 3\n16.2.2026\nPt 4\n\n\nr 20\n\n\nr 20(1)\nvaried by 1/2018 r 4(1), (2)\n23.1.2018\nr 20(2)\n\n\npublic sector employee\ninserted by 1/2018 r 4(3)\n23.1.2018\nPt 5A\ninserted by 228/2020 r 4\n1.10.2021\nr 33A\n\n\nresponsible officer\nsubstituted by 64/2023 r 3\n6.11.2023\nr 33C\n\n\nr 33C(1)\nvaried by 84/2021 r 4(1), (2)\n1.10.2021\n\namended by 64/2023 r 4\n6.11.2023\nr 33C(1a)\ninserted by 84/2021 r 4(3)\n1.10.2021\nr 33C(5)\nvaried by 84/2021 r 4(4)\n1.10.2021\nPt 6\n\n\nr 34\nsubstituted by 287/2017 r 4\n4.10.2017\n\namended by 12/2022 r 3\n10.2.2022\nSch 3\nsubstituted by 181/2017 r 4\n1.7.2017\n\nsubstituted by 106/2018 r 4\n1.7.2018\n\nsubstituted by 108/2019 r 4\n1.7.2019\n\ndeleted by 127/2020 r 5\n1.7.2020\n\ninserted by 151/2021 r 4\n7.10.2021\nSch 4\nomitted under Legislation Revision and Publication Act 2002\n1.7.2017\nHistorical versions\n1.7.2017\n\n4.10.2017\n\n23.1.2018\n\n1.7.2018\n\n1.7.2019\n\n1.7.2020\n\n13.12.2020\n\n1.10.2021\n\n7.10.2021\n\n10.2.2022\n\n6.11.2023\n\n3.4.2025\n\n1.7.2025\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No comparison between original intent and current provisions is possible from the submitted content."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Unable to assess cross-references, definitions, or operative provisions","Complexity score reflects absence of content, not simplicity of the underlying law","The website migration of 24 March 2026 appears to have broken the submitted hyperlink"],"plain_english_summary":"The Summary Offences Regulations 2016 (SA) could not be analysed because the source link returned a \"Page Not Found\" error; the text may have moved after a site update on 24 March 2026.  \n\nGenerally, such regulations support the Summary Offences Act by prescribing procedural details, forms, fees and lists relevant to minor criminal offences — affecting members of the public, police and businesses in routine law‑enforcement interactions."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations' scope has expanded since initial publication through multiple amendments that added new subject matter and operational regimes. Notable additions include liquor offence prescriptions (Part 2A inserted 2020), expanded search and street‑gang provisions (Part 3A inserted 2025), and a Custody Notification Service for Aboriginal and Torres Strait Islander persons (Part 5A inserted 2021) as reflected in the legislative history and variation notes. Several technical changes revised weapon lists, interview safeguards and record‑keeping requirements, altering the regulatory reach and administrative duties of police and service providers."},"complexity_factors":["Wide substantive scope across unrelated areas (weapons, liquor thresholds, body modification, interview procedures, intimate search records, custody notifications) increasing regulatory breadth (see Parts 2, 2A, 3, 4, 5, 5A).","Extensive cross‑referencing to the Summary Offences Act 1953 and multiple other Acts (eg. Criminal Law Consolidation Act 1935, Liquor Licensing Act 1997) which requires readers to consult primary statutes for effect (regs 3, 12A, 17A(2)).","Detailed, enumerated lists and technical definitions (many weapon types and device classes) that require item‑by‑item interpretation (regs 5–6).","Multiple administrative and record‑keeping requirements with specific forms and entries (intimate search register in Schedule 1; Forms in Schedule 2) creating compliance burden for police (regs 26–33, Sch 1–2).","Discretions and certification powers vested in officials (Minister may refund fees (reg 8A); Commissioner certifies evidentiary matters (reg 11); Commissioner inspects registers (reg 29)) which create legal significance to administrative decisions.","Differing standards and exceptions (eg. ID accepted for age verification, exclusions from unlawful selling of knives, disapplication of liquor offences in prescribed circumstances) that create conditional compliance rules (regs 8, 14, 12C).","Procedural safeguards and exceptions for interviews (prescribed interviewers, companions, communication assistants/devices and fallback where impracticable) introduce operational complexity for investigating officers (regs 19–23).","Evolving legislative history with numerous amendments and inserted Parts (eg. Pt 2A, Pt 3A, Pt 5A), so applicability varies by commencement dates and requires attention to amendments (Legislative history and 'Provisions varied' notes)."],"plain_english_summary":"These regulations sit under the Summary Offences Act 1953 and set practical rules: they list and define dangerous and prohibited weapons, prescribe liquor quantities and certain exemptions, require written agreements and age checks for tattooing/body‑piercing, set procedures for interviewing suspects and vulnerable witnesses, and impose recordkeeping and handling rules for intimate search recordings and custody notifications. They affect police, businesses (retailers and service providers), detainees, and community legal services by creating compliance duties, evidence rules and administrative processes that must be followed in day‑to‑day policing and commercial activity."},"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 regulations have grown significantly beyond a simple 'summary offences' framework. Originally likely focused on basic public order and weapons, the instrument now encompasses: liquor control in dry areas (Part 2A), detailed body art industry regulation (Part 3), police search powers for specific locations and gang participants (Part 3A), complex procedural safeguards for vulnerable witnesses (Part 4), forensic evidence management (Part 5), and Indigenous custody notification (Part 5A). This represents a consolidation of multiple previous regulations (revoking the General and Weapons Regulations of 2001 and 2012) and continuous expansion through amendments adding new Parts rather than creating separate instruments."},"complexity_factors":["Multiple distinct regulatory schemes (weapons, liquor, body art, police searches, interviewing, intimate records, custody notification) with separate interpretation sections","Extensive cross-referencing to the Summary Offences Act 1953 and other legislation (Criminal Law Consolidation Act 1935, Liquor Licensing Act 1997, etc.)","Nested conditional logic in Part 4 regarding communication needs (mandatory requirements with multiple layers of exceptions based on practicability)","Detailed procedural requirements for intimate search records with 9 separate form parts (A through I) and specific chains of custody","Multiple defined terms across different Parts (weapons definitions in Part 2, liquor definitions in Part 2A, communication needs in Part 4, etc.)","Prescribed lists requiring specific technical knowledge (26 types of prohibited weapons with detailed specifications, specific vehicle immobilisation devices by brand name)","Dual notification requirements for custody notification (telephone then email if unanswered) with specific record-keeping obligations"],"plain_english_summary":"This is a set of regulations made under South Australia's Summary Offences Act 1953. It fills in the practical details for how various criminal laws are enforced and administered.\n\n**What it covers:**\n\n**Weapons control**\n- Lists exactly what counts as a \"dangerous article\" (like tasers, blow-guns, and self-defence sprays) and \"prohibited weapons\" (like butterfly knives, crossbows, knuckle-dusters, and laser pointers over 1 milliwatt)\n- Sets rules for selling knives, including what ID sellers must check\n- Explains how people subject to weapons bans must report prohibited weapons to police\n\n**Liquor offences**\n- Sets specific quantities that count as illegal possession in dry areas: 750ml of spirits, 4 litres of wine, 9 litres of beer, or 4.5 litres of pre-mixed drinks\n- Exempts people transporting liquor for legal sale from certain offences\n\n**Tattooing and body piercing**\n- Requires businesses to display notices about age restrictions (no intimate piercings under 18, no piercings under 16 without guardian consent)\n- Mandates written agreements for procedures, including details of the jewellery and body part\n- Requires guardians to provide signed, statutorily-declared consent for under-16s\n- Sets record-keeping requirements for businesses\n\n**Police searches**\n- Allows police to search \"prescribed persons\" (including street gang participants) in designated areas like shopping precincts and transport hubs to detect weapons or prevent violence\n\n**Interviewing suspects and witnesses**\n- Requires police to provide communication assistants or devices for suspects and witnesses with complex communication needs (disability, illness, or injury affecting communication)\n- Allows vulnerable witnesses to have emotional support companions present\n- Sets rules for recording interviews and using audio-visual records for training\n\n**Intimate search records**\n- Creates a strict tracking system (register books) for videos and written records of intimate police searches\n- Governs storage, movement, copying, and destruction of these sensitive records\n- Requires regular inspections by the Police Commissioner\n\n**Custody Notification Service**\n- Mandates that police must notify the Aboriginal Legal Rights Movement (ALRM) as soon as an Aboriginal or Torres Strait Islander person is detained\n- Requires police to allow ALRM representatives to speak with or visit detainees\n- Ensures records are kept of all contact\n\n**Miscellaneous**\n- Lists approved vehicle immobilisation devices (like Stinger spikes)\n- Defines \"serious criminal offences\" for specific police powers\n- Provides standard forms for telephone warrant applications and entry warrants for premises of deceased persons"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/summary-offences-regulations-2016","history":"/api/acts/summary-offences-regulations-2016/history","analysis":"/api/acts/summary-offences-regulations-2016/analysis","conflicts":"/api/acts/summary-offences-regulations-2016/conflicts","importantCases":"/api/acts/summary-offences-regulations-2016/important-cases","documents":"/api/acts/summary-offences-regulations-2016/documents"}}