Adelaide Festival Centre Trust Regulations 2022

Several concepts are foundational to the operation of these regulations. “Centre” is not defined within the regulations themselves but must be taken from the parent Act: it refers to the Adelaide Festival Centre and its grounds as defined in the Adelaide Festival Centre Trust Act 1971. “Theatre or associated theatre area” is defined to mean a theatre within the Centre, or a foyer, restaurant, convenience or other facility associated with that theatre. This definition is important because the prohibition on photography and recordings in regulation 8 applies specifically to theatres and associated areas, not to the whole Centre. “Vehicle”, “drive”, “owner” (of a vehicle), and “wheeled recreational device” all take their meanings from the Road Traffic Act 1961. That cross-reference imports the full statutory definitions from another Act, meaning that what counts as a vehicle or a wheeled recreational device is determined by road traffic law, not by the Trust’s own instrument. “Assistance animal” is defined in regulation 10(2) as an animal accredited as an assistance dog under the Dog and Cat Management Act 1995 or an assistance animal within the meaning of the Commonwealth Disability Discrimination Act 1992. This dual definition means that an animal recognised under federal disability discrimination law qualifies even if not accredited under state dog management law. The regulations also create the concept of an “authorised officer” , a person apparently designated by the Trust, though the regulations do not define who qualifies, leaving that to internal administrative practice. A key concept is the approval mechanism in regulation 4: the Trust or an authorised officer may give approval for a person to do something that would otherwise be prohibited by the regulations. That approval must be in writing (or confirmed in writing), may be subject to conditions including a fee, and may be varied or revoked at any time. This provision creates a discretionary licensing regime overlaying the prohibitions, but it imposes no criteria for when approval should be granted or refused, and there is no right of review if approval is denied or revoked. The expiation fee is another central concept: for certain offences, a fixed fee can be paid to avoid prosecution. The expiation fee is lower than the maximum court penalty, creating a financial incentive to pay rather than contest. Finally, vehicle owner liability in regulation 13 is a reverse onus provision: the owner is deemed guilty of a parking or driving offence unless they can prove the vehicle was not in their possession or control due to an unlawful act, or they provide a statutory declaration naming the actual driver. This shifts the burden of identifying the driver from the Trust to the vehicle owner.

The regulations affect every person who enters the Adelaide Festival Centre, whether as a patron, performer, employee, contractor, volunteer, or passer-by. More specifically, they impose duties on: any person present on Trust property who might engage in behaviour covered by Part 3 , that is, any person who talks loudly, appears intoxicated, plays music, takes photographs, rides a bicycle or skateboard, brings an animal (other than an assistance animal), consumes alcohol in undesignated areas, sells goods, solicits donations, distributes leaflets, displays signs, or fails to comply with a staff instruction. The regulations also affect vehicle owners and drivers who enter the Centre, particularly those who park or drive in restricted areas, exceed weight limits, or fail to display required permits. Because regulation 13 makes the vehicle owner liable for parking and driving offences committed by anyone driving the vehicle, the regulations reach anyone who owns a vehicle that is ever driven into the Centre, even if they were not present at the time. This includes individuals, fleet operators, rental car companies, and businesses whose vehicles are used for deliveries, performances, or events. Commercial operators are directly affected by the prohibition on selling goods, collecting donations, and advertising or marketing activities (regulation 10(1)(h) to (k)), which effectively bans any unapproved commerce, charitable solicitation, or promotional activity. This includes buskers, merchandise sellers, event sponsors, and political or religious groups seeking to distribute pamphlets. Theatre and event organisers will need to consider the photography and recording restrictions in regulation 8, which extend to rehearsals and associated areas, not just public performances. Persons with disabilities who rely on assistance animals are affected by the definition of assistance animal: only animals that meet the state accreditation or federal disability discrimination test are exempt from the animal ban. Persons who use other types of service animals not covered by those definitions may be excluded. Authorised officers and Trust employees and volunteers are affected because they are given the power to give instructions, request that articles be surrendered, and enforce compliance; but they are also subject to the duty to return confiscated property under regulation 14. The regulations also affect any person who brings an article into the Centre, because an authorised officer may demand that the person leave it in a designated area (regulation 10A), effectively requiring surrender of property as a condition of entry or continued presence.

Duties imposed on persons using the Centre are extensive. Under regulation 5, a person must not use abusive, threatening or insulting language; behave in a threatening, intoxicated, indecent, disorderly or offensive manner; interfere with another person’s reasonable enjoyment; refuse a reasonable instruction from an authorised officer or staff member; disturb a performance; intentionally obstruct, disturb, interrupt or annoy any person; or throw any stone, substance or missile. Regulation 6 prohibits removal, damage, defacement or interference with property owned or controlled by the Trust, including vegetation; touching or interfering with artwork, exhibits or displays; climbing on buildings, fixtures, flora or property; and walking on garden beds. Regulation 7 prohibits entry into areas closed to public access. Regulation 8 prohibits taking photographs or making recordings in a theatre or of any rehearsal, performance, exhibition or activity in a theatre or associated area. Regulation 9 prohibits riding wheeled recreational devices anywhere in the Centre. Regulation 10 prohibits bringing an animal (except an assistance animal); bringing or consuming alcohol except in licensed premises; littering; bathing in or fishing from fountains or pools; polluting fountains or pools; lighting fires except in designated places; playing musical instruments or operating sound-producing electronic devices; selling goods; collecting or seeking money or donations; engaging in advertising or marketing; distributing pamphlets; and displaying flags, banners, signs, placards or similar objects. Regulation 10A imposes a duty to leave any article in a designated area upon request. Part 4 imposes duties relating to vehicles: compliance with signs and traffic restrictions; not bringing or driving in closed areas; only driving on areas set aside for vehicles; not bringing vehicles over 5 tonnes or tracked vehicles; and parking only in officially designated areas, with required permits, and so as not to impede passage.

Rights conferred on persons are comparatively limited. A person has the right to seek approval from the Trust or an authorised officer to do something otherwise prohibited (regulation 4), though the decision is discretionary, may be conditioned on a fee, and may be revoked at any time. A vehicle owner who is not the driver has the right to provide a statutory declaration naming the actual driver (or details of a transfer of ownership) to avoid liability for a parking or driving offence (regulation 13(3)-(4)). The owner also has a defence if the vehicle was not in their possession or control due to an unlawful act (regulation 13(6)(a)). A person who surrenders or has property confiscated has the right to have it returned when they leave the Centre, unless the Trust reasonably believes it may be evidence of an offence (regulation 14). There is no express right to appeal or review any decision of the Trust or an authorised officer. There is no right to be heard before an approval is varied or revoked.

The regulations prescribe maximum penalties and expiation fees for each offence. Most offences in Part 3 carry a maximum penalty of $500: for breach of behaviour rules (regulation 5), property protection (regulation 6), entry to restricted areas (regulation 7), photography/recordings (regulation 8), riding wheeled recreational devices (regulation 9), and the list of prohibited activities in regulation 10(1). Regulation 10A (articles left in designated areas) carries a maximum penalty of $300. A breach of a condition imposed on an approval under regulation 4(3) carries a maximum penalty of $200. Vehicle offences under regulations 12 and 12A also carry a maximum penalty of $500. Expiation fees are fixed: $50 for riding a wheeled recreational device (regulation 9); $75 for failing to leave an article in a designated area (regulation 10A); $100 for driving or parking offences (regulations 12 and 12A). An expiation fee is a fixed amount that can be paid to avoid prosecution; payment does not constitute an admission of guilt but does conclude the matter. The existence of expiation fees creates a strong financial incentive to pay rather than contest, particularly when the maximum court penalty is only a few hundred dollars and the cost of legal advice could exceed it.

Vehicle owner liability (regulation 13) is a significant enforcement mechanism. If a vehicle is involved in an offence against regulation 12 or 12A, the owner is deemed guilty and subject to the same penalty and expiation fee. However, only one of owner or driver may be convicted. The process requires that before proceedings against the owner, the complainant must send a notice inviting the owner to provide a statutory declaration identifying the driver (or details of a vehicle transfer) within 21 days. An expiation notice to the owner must be accompanied by a similar invitation. If the owner provides the statutory declaration, that is a defence to the owner’s liability - unless the declaration is proven false in a material particular. If the owner names a driver, proceedings may then be brought against that driver, and the declaration particulars (excluding the declarant’s address) must be provided to the alleged driver. In proceedings against the named driver, it is presumed they were the driver unless contrary proof is given. The owner also has a defence if the vehicle was not in their possession or control due to an unlawful act (e.g., theft). Regulation 13(11) allows an allegation in a complaint that a notice was given on a specified day to be accepted as proof of that fact absent contrary evidence, reducing the evidentiary burden on the Trust.

Confiscation and return of property (regulation 14) provides that the Trust should endeavour to return to a person, when they leave the Centre, anything surrendered by or confiscated from them, but may retain it if the Trust reasonably believes it may be evidence of an offence. This is a mandatory retention power, not a discretion, for evidentiary purposes. There is no time limit specified other than “such period as is necessary for the purposes of legal proceedings”. This means property could be held indefinitely while proceedings are pending or even contemplated, without any right to compensation for loss or damage.

Enforcement powers are not detailed in the regulations themselves; they would be found in the parent Act or general criminal procedure. The regulations do not create powers of arrest, search, or use of force. Enforcement relies on authorised officers issuing expiation notices, laying complaints for prosecution, or seeking orders for confiscation. The low maximum penalties suggest that offences would be dealt with in the Magistrates Court as summary offences.

The regulations interact with several other pieces of South Australian and Commonwealth legislation. Most directly, they are subsidiary to the Adelaide Festival Centre Trust Act 1971, which establishes the Trust and sets its powers and functions. The regulations must be consistent with that Act; they cannot exceed its delegated authority. Regulation 14 is expressly subject to the Act, meaning the Act’s provisions on confiscated property prevail if inconsistent.

Definitions are imported from the Road Traffic Act 1961 for the terms “drive”, “owner”, “vehicle”, and “wheeled recreational device”. This means that any amendment to those definitions in the Road Traffic Act automatically updates the interpretation of these regulations, without the Trust needing to amend its own instrument. Similarly, the meaning of “drive” in regulations 12 and 13 encompasses all actions that constitute driving under road traffic law, which could include being in control of a vehicle while parked, or operating a vehicle in a non-public area that would still be “driving” under the Road Traffic Act.

The definition of “assistance animal” in regulation 10(2) cross-references the Dog and Cat Management Act 1995 (for accreditation as an assistance dog) and the Disability Discrimination Act 1992 (Cth) (for the broader federal definition of assistance animal). This means that an animal that qualifies as an assistance animal under the Commonwealth Act is exempt from the ban on animals in the Centre, even if it is not a dog or not accredited under state law. This interaction is significant for persons with disabilities who use other types of assistance animals (e.g., miniature horses, monkeys) that are recognised under the Disability Discrimination Act but not under state dog management law.

The Expiation of Offences Act 1996 governs the process of issuing expiation notices and reminder notices, and the right to elect to be prosecuted. Regulation 13 specifically refers to that Act in the context of notices to vehicle owners and the option to elect prosecution. The notices required by regulation 13 must comply with the Expiation of Offences Act.

The Motor Vehicles Act 1959 is relevant to regulation 13(3)(b), where an owner who has transferred ownership before the offence can provide details of the transfer “if they had complied with the Motor Vehicles Act 1959 in respect of the transfer”. This means that if the owner has properly notified the relevant authority of the transfer, they can shift liability to the new owner. If the transfer has not been notified, the original owner remains liable.

The regulations do not create any interaction with planning laws, environmental laws, or local council by-laws, because the Centre is Trust land. However, if an act also constitutes an offence under other laws (e.g., assault, criminal damage, littering under the Environment Protection Act), prosecution under the regulations does not preclude prosecution under other laws, unless the parent Act prohibits double punishment. The regulations are silent on double jeopardy, so the general law applies.

The principal regulations were made on 25 August 2022 and commenced on 1 September 2022. They revoked the Adelaide Festival Centre Trust Regulations 2007. The principal regulations were subsequently amended by the Adelaide Festival Centre Trust (Miscellaneous) Variation Regulations 2023 (No 86 of 2023), gazetted on 10 August 2023 and commencing on that date. The 2023 variation made several changes. It amended regulation 5 (behaviour), regulation 6 (protection of property), regulation 7 (restricted areas), and regulation 8 (photographs and recordings). It amended regulation 9 (wheeled recreational devices) in two respects. It amended regulation 10(1) (other prohibited activities). It inserted a new regulation 10A (articles must be left in designated area). It amended regulation 12 (driving or bringing vehicles into the Centre) in two respects. It inserted a new regulation 12A (parking). It amended regulation 13 (liability of vehicle owners and expiation of certain offences) in several respects: subregulations (1), (3), (4), and (6) were amended. The 2023 variation also omitted regulation 2 (commencement) and Schedule 1 (certain forms) under the Legislation Revision and Publication Act 2002, which is a standard housekeeping provision enabling the omission of spent provisions. There is no indication of any other amendments between 2022 and the date of the source text. The legislative history table shows only these two entries: the principal regulations and the 2023 variation. The regulations as currently in force therefore reflect the 2023 amended text. Any future amendments would appear in new entries in the legislative history.

The source text does not mention any litigation history, and no cases are referred to in the regulations, explanatory material, or legislative history notes. This is consistent with the regulations being relatively recent (2022) and dealing with minor summary offences unlikely to generate reported appellate decisions. The maximum penalties are low, and expiation fees provide a strong incentive to pay rather than contest. Vehicle owner liability under regulation 13 may generate disputes in the Magistrates Court if owners contest the statutory declaration process or raise the defence of unlawful possession, but no such cases are cited. The 2023 amendments, particularly the insertion of regulation 10A (articles must be left in designated area) and regulation 12A (parking), may produce future litigation if the boundaries of officer discretion or the definition of “designated area” are challenged. However, the regulations themselves contain no indication of any past or pending legal proceedings. It is possible that unreported matters have been heard in the Magistrates Court, but they are not part of the public record accessible through the instrument. A thorough search of South Australian case law databases would be needed to confirm whether any decisions have interpreted these regulations. For the purposes of this source-grounded analysis, the litigation history is nil.

Several provisions create traps for the unwary. Regulation 4 gives the Trust or an authorised officer power to give approval to do something otherwise prohibited, but that approval can be varied or revoked at any time, without reasons, and with no right of review. A person who relies on an approval, perhaps for a commercial event, risks having it revoked without compensation for loss. The condition requiring payment of a fee is also at the officer’s discretion.

Regulation 5 prohibits “refuse to comply with a reasonable instruction from an authorised officer, or a person employed to work at the Centre (including a volunteer)”. The term “reasonable” is for the officer or staff member to decide in the first instance, and the person must comply or face a $500 penalty; the reasonableness of the instruction can only be tested after the fact in court, at the person’s own cost. This gives staff significant de facto authority.

Regulation 8 prohibits taking photographs or making recordings “in a theatre within the Centre” or “of the whole or a part of a rehearsal, performance, exhibition or other activity taking place within a theatre or associated area.” This extends to the foyer and restaurants associated with a theatre, not just the auditorium. It also covers “any kind” of recording, including audio-only. The prohibition applies even if the person is not in the theatre but is recording through a window or from outside.

Regulation 9 prohibits riding “wheeled recreational device” anywhere in the Centre, not just in buildings. This includes skateboards, rollerblades, scooters, and bicycles. There is no exception for children or for pushing the device. The penalty is $500 with an expiation fee of $50.

Regulation 10 contains a list of prohibitions that are strict liability - no defence of permission or ignorance is provided (other than the general approval mechanism). Notably, “play a musical instrument or operate a radio receiver, amplifier or other sound producing electronic device” is banned, which would include mobile phones playing music, headphones loud enough to disturb others, or even a person humming or singing would not be caught by that provision but would perhaps be caught by “disturbance”. The prohibition on selling goods, collecting donations, advertising, and distributing leaflets effectively bans all unapproved commerce and advocacy.

Regulation 10A requires a person to leave “any article brought into the Centre” in a designated area upon request. This could include bags, cameras, signs, musical instruments, or any personal property. Failure is a $300 offence. The regulation does not limit what articles can be demanded, or require any reason for the request.

Regulation 12A requires that a vehicle parked in a disabled persons’ parking area must display a disabled person’s parking permit lawfully. Many people assume a companion card or other disability ID suffices; it does not. The permit must be the specific one.

Regulation 13 imposes owner liability for parking and driving offences. An owner who receives an expiation notice but was not driving must provide a statutory declaration within the period specified (or 21 days for prosecution notices). If they fail to do so, they are liable. If they name a driver, that person is presumed to be the driver in subsequent proceedings. The owner cannot avoid liability by simply ignoring the notice; the defence requires proactive action.

Regulation 14 says the Trust “should endeavour” to return confiscated property, but this is not a duty; it is aspirational. The Trust may retain property it reasonably believes is evidence of an offence for as long as legal proceedings require, which could be years. There is no compensation for loss or damage.

Compliance with these regulations requires a proactive approach, given the breadth of prohibitions and the discretion granted to officers. For any person entering the Centre, the safest approach is to assume that all activities not explicitly permitted are prohibited. Specifically: avoid any behaviour that could be construed as threatening, disorderly, or offensive; comply immediately with any instruction from a staff member or authorised officer, even if you think it is unreasonable, and contest it later through formal channels; keep animals at home unless you have an accredited assistance dog or an animal that meets the Commonwealth definition; never take photographs or make recordings in a theatre or of a performance, rehearsal, or exhibition, including in foyers and associated areas; do not ride any wheeled device including bicycles, scooters, skateboards, or rollerblades; do not bring alcohol into the Centre except to licensed premises; do not sell goods, collect donations, distribute pamphlets, or display signs without prior written approval; do not play music or operate sound devices; do not light fires; and do not walk on garden beds or climb on structures.

For commercial operators or event organisers who wish to sell merchandise, advertise, or engage in any prohibited activity, the key compliance step is to seek written approval from the Trust or an authorised officer under regulation 4 well in advance. Approval must be in writing (or confirmed in writing if given orally) and may be subject to conditions including a fee. Keep a copy of the approval on hand at all times. Be aware that approval can be varied or revoked at any time; have contingency plans. Do not rely on oral approval alone without written confirmation.

For drivers entering the Centre: obey all signs; only drive on designated roads and parking areas; do not exceed 5 tonnes; do not bring tracked vehicles; park only in officially designated spaces; if using a disabled parking space, display a valid disabled person’s parking permit; if using a reserved permit space, display the correct permit; do not park so as to impede pedestrians or other vehicles. For vehicle owners who are not driving: ensure that if you lend your vehicle to someone else, they comply with parking and driving rules. If you receive an expiation notice for an offence you did not commit, immediately provide a statutory declaration naming the driver (or details of a vehicle transfer) within the time specified. Do not make a false declaration. Keep records of any transfer of ownership under the Motor Vehicles Act.

For any person asked by an authorised officer to leave an article in a designated area: comply immediately. Later, you can request return of the article when leaving the Centre. If the Trust retains it as evidence, you have no immediate remedy but can seek legal advice.

For persons with disabilities who rely on assistance animals: carry documentation that either proves the animal is accredited under the Dog and Cat Management Act or meets the definition of assistance animal under the Disability Discrimination Act 1992 (Cth). This may include a letter from a health professional or a trainer. If the animal is not a dog or not state-accredited, be prepared to explain the federal definition to an officer.

Finally, for anyone seeking to avoid penalties: the expiation fee is the cheapest way to resolve a minor infraction. However, paying the fee is not an admission of guilt; it simply ends the matter. If you believe you have been unfairly targeted, you can elect to be prosecuted and defend the matter in court, but you must weigh the costs of legal representation against the maximum penalty of $500. For more serious potential consequences (such as vehicle owner liability for a series of offences), legal advice should be sought promptly.