Automated External Defibrillators (Public Access) Act 2022

Definitions and scope are central to the Act. The Act defines an Automated External Defibrillator as a portable device able to treat cardiac arrest and which is either included on the Australian Register of Therapeutic Goods or approved by the Minister if none is listed (s 3). Designated buildings and facilities are enumerated in s 4 and include public buildings or facilities, prescribed sporting facilities, schools and tertiary institutions, certain retirement villages, aged care residential care facilities, caravan parks, residential parks with more than 12 residents, casinos and cultural venues, plus classes of buildings prescribed by regulation (s 4). Prescribed buildings are defined in s 5 and capture new commercial buildings or those undergoing major works with floor area exceeding 600 m2, and relevant buildings where land use changes to commercial after the relevant day (s 5(a)-(b)).

Key spatial and usage concepts control the installation rule. The Act uses the concept publicly accessible floor area to trigger the ratio of AEDs, defined in s 7(3) as the floor area to which the public has unobstructed access while open to the public, with subsection (2a) making clear that unobstructed access can include access obtained by payment of money. The Act treats two or more buildings as a facility for measurement where they constitute a facility or relevant facility (s 3(5)). Relevant building and relevant facility are separately defined to capture buildings with a floor area of 600 m2 or more or classes prescribed by regulation, and relevant facilities that include multiple related buildings in proximity or enclosed structures used for sporting or recreational activities (s 3).

Ownership and responsibility concepts govern compliance. Owner is defined tightly in s 3 to identify the person with the relevant legal estate or leasehold interest, and designated entity used in maintenance obligations is made coterminous with owner for buildings or the relevant authority for emergency vehicles and prescribed vehicles (s 9(3)). The Act binds the Crown in right of the State and in other capacities but excludes criminal liability for the Crown (s 6). Section 6A lists buildings and facilities to which the Act does not apply despite other provisions, including hospitals that meet regulatory requirements, correctional facilities and licensed children’s residential facilities, and those not accessible to the public (s 6A).

Regulatory and administrative frameworks are extensive. The Minister must establish a public register of AEDs with required location and access times, and may prescribe further information by regulation (s 12). The register must be available on a website, and the Minister must ensure a smartphone-compatible application can provide registered users with the location of the nearest AED that is publicly accessible at the time of use (ss 12(3), 13). The Minister must develop and promote an awareness strategy for at least five years addressing locating, registering, signage and the fact that training is not required to use an AED (s 14).

Enforcement is operationalised through authorised officers and penalties. The Minister may appoint authorised officers (Pt 3A) with powers to enter and inspect premises believed to be subject to the Act, require production and copying of documents, take recordings, and use reasonable force to gain entry if refused (s 15C(1)). The Act contains specified maximum penalties and expiation fees for breaches of installation, maintenance, signage and registration obligations, and for providing false information and for damaging or removing AEDs (ss 7, 8, 9, 10, 12, 16, 16C).

Finally, the Act grants broad regulation-making and delegation powers. The Governor may make regulations to exempt persons or vehicles, prescribe placement and accessibility requirements, define what constitutes installation or a compliant sign, set fees and penalties for regulations, and incorporate codes or standards by reference (s 17). The Minister may exempt specific buildings or people in writing, and may delegate functions under the Act by instrument in writing (ss 16A, 16B).

The Act allocates duties and costs across several distinct groups. Primary legal obligations fall on owners of designated buildings or prescribed buildings, as those owners must ensure AEDs are installed and maintained in accordance with the Act and manufacturer instructions (ss 7, 9). Owner is defined in s 3 to mean the legal interest holder in the land where the building is situated, whether the Crown, fee simple owner, lessee or licensee, or person with purchase rights. For vehicles, relevant authorities are responsible: for emergency services organisation vehicles the relevant authority is the Chief Officer of the specified service, and for prescribed vehicles the relevant authority is to be prescribed by the regulations (s 3, s 8).

Businesses and operators in the commercial sector pay attention because whether land is used for commercial purposes affects when the installation ratio and prescribed building rules apply. The Act treats land as commercial if an occupier principally sells goods or services for money on the land, or if the land use is prescribed by regulation (s 3(3)). Relevant designated or prescribed buildings are those on commercial land with publicly accessible floor area over 1 200 m2 for the higher ratio rule (s 7(3)).

Local government, public service agencies, and the Crown have specific roles. The Act binds the Crown in right of the State but does not impose criminal liability on the Crown (s 6). Section 6A excludes certain Crown-run or regulated facilities from application, such as hospitals meeting regulatory requirements and correctional facilities, and allows regulations to exclude other classes. Also, local government offices are expressly listed as public buildings or facilities in the definition (s 3).

Emergency services organisations and public transport operators are affected. Section 8 requires emergency services vehicles used in provision of services to be equipped with AEDs and gives similar obligations to the relevant authority for prescribed vehicles including trains, trams and public buses as may be prescribed (s 8(1)-(4)). The relevant authority for an emergency services organisation is the Chief Officer of that organisation (s 3). The Passenger Transport Act 1994 is referenced by definition to define public buses, so public transport operators must watch for regulations setting prescribed vehicles.

Owners, managers and operators of schools, tertiary institutions, educational training facilities, retirement villages with shared amenities, caravan parks, residential parks, casinos, theatres and other venues listed in s 4 are directly affected. The Act also captures public buildings generally, defined broadly to include libraries, swimming pools and town halls, subject to regulatory exclusions (s 3, s 4).

Producers, suppliers and maintainers of AEDs engage with the Act through the maintenance requirements and the Ministerial approval or reliance on the Australian Register of Therapeutic Goods for AED eligibility (s 3). Manufacturers’ instructions become the maintenance standard owners must follow (s 9(1)).

Businesses and individuals who host AEDs face administrative reporting duties. Owners must provide register information within two weeks of the relevant day for pre-existing AEDs or within two weeks of installation for new ones, and must notify any changes within two weeks (s 12(4)). Failure to provide or update information is an offence with penalties (s 12(5)).

Authorised officers appointed by the Minister under Part 3A may be public servants or contractor personnel authorised to inspect compliance. The appointment instrument may contain conditions and is revocable; authorised officers must carry and produce identity cards on request (ss 15A, 15B). Persons who obstruct authorised officers face a maximum penalty of $10 000 (s 15C(2)).

Finally, the Minister holds significant discretion to grant exemptions, set fees, and prescribe many operational details by regulation, affecting how broadly obligations bite on various sectors (ss 16A, 17). The Act’s Schedule delays application to non-Crown owned buildings and prescribed vehicles until 1 January 2026, creating a staged effect that defers private-sector compliance costs until that date (Sch 1 cl 1).

Installation duties

• Owners of designated buildings or facilities, and owners of prescribed buildings, must ensure AEDs are installed as required by the Act (s 7(1)). For a "relevant designated building or facility or prescribed building" on commercial land with publicly accessible floor area over 1 200 m2, owners must ensure one AED per 1 200 m2 up to any maximum prescribed by regulation (s 7(1)(c)). In any other designated or prescribed case, the owner must ensure at least one AED is installed (s 7(1)(d)). Noncompliance is an offence with a maximum penalty of $20 000 and an expiation fee of $5 000 (s 7(2)).

Vehicle duties

• The relevant authority for an emergency services organisation must ensure each vehicle used in the provision of emergency services has an AED (s 8(1)). The relevant authority for prescribed vehicles must also ensure AED installation (s 8(2)). Failure for the prescribed vehicle obligation is an offence with a maximum penalty of $20 000 and an expiation fee of $5 000 (s 8(3)).

Maintenance duties

• Designated entities must maintain AEDs in accordance with manufacturer instructions (s 9(1)). Designated entity is defined to include the owner for buildings and facilities, and the relevant authority for emergency services and prescribed vehicles (s 9(3)). Noncompliance carries a maximum penalty of $20 000 and expiation fee $5 000 (s 9(2)).

Signage duties

• Owners must install signs indicating AED presence: near the AED and outside near an entrance if the AED is inside; near the AED if outside; or on the exterior of vehicles (s 10(1)-(3)). Penalty for breaches is up to $2 500 and an expiation fee of $500 (s 10(4)). Regulations may prescribe additional sign requirements (s 10(5)).

Registration and information duties

• The Minister must maintain a register of AEDs installed under the Act (s 12(1)). The register must include location, times of public accessibility and other prescribed information, and be available on a Minister-determined website accessible free of charge (s 12(2)-(3)). Owners must provide required information within two weeks after the relevant day for pre-existing AEDs or within two weeks after installation for subsequent installations, and must notify the Minister within two weeks of any change (s 12(4)). Failure to provide or update information is an offence with a maximum penalty of $2 500 and expiation fee $500 (s 12(5)).

Software application and awareness

• The Minister must ensure a smartphone-compatible software application can provide a registered user with the location of the nearest AED that is both registered and publicly accessible at the time of use (s 13(1)). The app may restrict who can be a registered user and may impose conditions (s 13(2)). The Minister must develop and promote an awareness strategy addressing locating and registering AEDs, signage and the fact that training is not required, to be promoted for at least five years (s 14).

Authorised officers’ powers and rights

• The Minister may appoint authorised officers with powers to enter and inspect buildings, facilities, vehicles or other places believed on reasonable grounds to be subject to AED installation requirements, and to employ reasonable force if entry is refused (s 15C(1)(a)). Officers may require production of documents, examine, copy or take extracts, take photographic or other recordings, and issue expiation notices (s 15C(1)(b)-(e)). An authorised officer must carry and produce an identity card on request (s 15B(1), (3)). Persons must not hinder or obstruct authorised officers or refuse to comply with their lawful requirements, with a maximum penalty of $10 000 (s 15C(2)).

Ministerial rights and discretions

• The Minister may exempt specified buildings, facilities, vehicles or persons from the Act or specified provisions by written notice, conditionally or unconditionally, and may vary or revoke exemptions (s 16A(1)-(2)). The Minister may delegate functions under the Act by instrument in writing; delegations are revocable, may be absolute or conditional, and may permit further delegation if the instrument so provides (s 16B).

Offences for false information and wilful damage

• A person must not provide false or misleading information in material information supplied under the Act, with a maximum penalty of $10 000 (s 16C). It is an offence to intentionally and without lawful authority damage, destroy or remove an AED installed under the Act, punishable by a maximum of $10 000 or imprisonment for one year, subject to defences including use in treating a person believed to be in cardiac arrest or removal by the designated entity (s 16(1)-(2)).

Self-incrimination protection

• If compelled to provide information or documents that would tend to incriminate, the person must provide them, but such information is not admissible in evidence against the person in proceedings for an offence, except offences about provision of false or misleading information (s 16D).

Regulatory and enforcement framing

• Regulations may modify numerous operational and definitional details including exemption classes, placement and accessibility requirements, what constitutes installation or compliant signage, and may set fees or fines for breaches of regulations (s 17). The regulations may incorporate standards, codes or documents by reference and require those documents to be available for inspection (s 17(3)-(4)).

Collectively, the duties assign installation, maintenance, signage and reporting costs to owners and relevant authorities, while the Minister retains significant operational control over detail, enforcement scope and available exemptions.

The Act establishes a mix of criminal offences, monetary penalties and expiation regimes and provides inspection and enforcement powers for authorised officers. Penalties vary with the nature of the breach and the provision breached.

Installation, vehicle and maintenance offences

• Failure to comply with the installation requirement in relation to buildings and facilities is an offence attracting a maximum penalty of $20 000 and an expiation fee of $5 000 (s 7(2)). Similarly, failing to ensure AEDs in prescribed vehicles under s 8(2) is an offence with the same monetary maximums (s 8(3)). Failing to maintain an AED in accordance with manufacturer instructions is an offence with a maximum penalty of $20 000 and an expiation fee of $5 000 (s 9(2)).

Signage and registration offences

• Failure to install required signs incurs a maximum penalty of $2 500 and an expiation fee of $500 (s 10(4)). Failure to supply required register information or to update the register within the timeframes in s 12(4) is an offence with maximum penalty $2 500 and expiation fee $500 (s 12(5)).

Intentional damage and removal

• Intentionally and without lawful authority damaging, destroying or removing an AED installed under the Act is an offence with a maximum penalty of $10 000 or imprisonment for one year (s 16(1)). The Act provides defences if the damage, destruction or removal occurred during the course of use to treat someone reasonably believed to be in cardiac arrest, or if removal was by or at the direction of the designated entity responsible for the AED (s 16(2)).

False or misleading information and obstruction

• Making a false or misleading statement in material information provided under the Act carries a maximum penalty of $10 000 (s 16C). Hindering or obstructing an authorised officer or refusing or failing to comply with a requirement under s 15C attracts a maximum penalty of $10 000 (s 15C(2)).

Authorised officers and enforcement powers

• The Minister may appoint authorised officers who may enter and inspect premises at reasonable times that the officer believes on reasonable grounds to be subject to the Act, and to use reasonable force to gain entry if refused (s 15C(1)(a)). They may require production of documents, examine, copy or take extracts from documents or records, take photographs, films, audio, video or other recordings, and give expiation notices for alleged offences against the Act (s 15C(1)(b)-(e)). The power to use reasonable force for entry raises practical enforcement capacity but also potential operational and legal risk areas such as proportionality, warrants and property rights; the Act does not require a warrant for entry where the officer believes on reasonable grounds the place is subject to AED installation obligations.

Expiation scheme and regulatory penalties

• Several offences are framed with expiation fees, allowing administrative resolution outside court. Expiation fees are specified for primary obligations: installation and vehicle obligations ($5 000, ss 7(2), 8(3)), maintenance ($5 000, s 9(2)), signage ($500, s 10(4)) and registration ($500, s 12(5)). The regulations may prescribe further fines for regulatory breaches not exceeding $10 000, and expiation fees for regulation offences not exceeding $315 (s 17(2)(c)-(d)).

Enforcement discretion and Ministerial interventions

• The Minister may exempt specified buildings, facilities, vehicles or persons from the Act or specified provisions by written notice, and may vary or revoke exemptions (s 16A). The Governor in Council may make regulations on many operational matters and prescribe fees by fee notice under the Legislation (Fees) Act 2019 (s 17(5)). The Minister may delegate functions under the Act to specified bodies or persons by instrument in writing (s 16B). Those delegations and exemptions permit the executive to relieve some obligations or calibrate enforcement in practice.

Evidence and self-incrimination

• The Act protects compelled information from being used against the provider in criminal proceedings except offences concerning false or misleading information (s 16D). This may limit prosecutorial use of compelled statements, while preserving liability for intentionally false statements (s 16C).

Public reporting and transparency

• The register is to be maintained on a Minister-determined website and accessible without charge, which facilitates public oversight and may assist enforcement and community response (s 12(3)). The Minister must also prepare a report on how the Government will support persons required to install AEDs and lay that report before Parliament within six months of the commencement of s 18 (s 18).

In short, enforcement mixes substantial monetary penalties for installation and maintenance failures, administrative expiations for certain breaches, criminal sanction for deliberate damage or removal and a suite of inspection powers vested in authorised officers. The Act combines coercive enforcement with administrative flexibility through exemptions and regulations.

The Act cross-references and interacts with several South Australian and Commonwealth Acts and with regulatory frameworks. These cross-references shape definitions, responsibilities and the limits of the Act.

Therapeutic Goods and device approval

• The definition of Automated External Defibrillator ties device eligibility to the Australian Register of Therapeutic Goods maintained under the Commonwealth Therapeutic Goods Act 1989, cross-referencing that Commonwealth register (s 3). If no AED is included on the Australian Register of Therapeutic Goods, the Minister may approve a device for the purposes of this Act (s 3). This creates a link between Commonwealth device regulation and Ministerial approval under this State Act.

Health Care Act and Ministerial responsibility

• The Minister referred to in Part 3 and elsewhere is the Minister responsible for the administration of the Health Care Act 2008 (s 11, s 18). The Minister’s duties under this Act therefore sit within the portfolio and administrative framework of health administration in South Australia.

Property and land use regimes

• The Act defines owner in relation to landholding types that include unalienated Crown land, fee simple owners, lessees and licensees, and those with rights to purchase (s 3). This definition interacts with land titles, lease and licence arrangements under general property and local planning law. The Act also hinges obligations on whether land is used for commercial purposes, operationalised by s 3(3) and subject to further prescription by regulation, which will interact with planning, zoning and business regulation.

Local government and public buildings

• Public buildings and facilities are defined to include local government offices, town halls and other public amenities (s 3). Local government entities that are owners of public buildings will therefore face obligations under the Act, except where the Act or regulations exclude specific classes (s 6A, s 17).

Other statute cross-references

• The definition of correctional facility refers to the Correctional Services Act 1982, and custodial police stations defined under the Summary Offences Act 1953 are included under correctional facility references in s 3. Licensed children’s residential facility is defined by reference to the Children and Young People (Safety) Act 2017 (s 3). Retirement village references use the Retirement Villages Act 2016. Residential parks invoke the Residential Parks Act 2007. These cross-references determine that certain facilities are within, or explicitly excluded from, the Act by reference to existing statutory regimes (s 3, s 4, s 6A).

Passenger transport and prescribed vehicles

• The Act defines public bus by reference to the Passenger Transport Act 1994 for the purposes of prescribing vehicles under s 8(4). That links the Act to transport statutory frameworks and to regulatory regimes for public transport operators.

Fees, regulations and delegated instruments

• The Act allows the Minister to prescribe fees by fee notice under the Legislation (Fees) Act 2019 (s 17(5)). Regulations under s 17 may also incorporate codes, standards or other documents by reference and require those documents be made available. Those regulatory instruments will sit in the subordinate legislation hierarchy and will be subject to the usual legislative and administrative law constraints.

Crown binding and exclusion

• The Act binds the Crown in right of the State and in other capacities, but it does not impose criminal liability on the Crown (s 6). Section 6A provides that, despite other provisions, hospitals and other medical facilities that comply with regulatory requirements, correctional facilities, licensed children’s residential facilities, and buildings not accessible to the public do not fall under the Act. These carve-outs interact with health, corrections and child safety regimes.

Enforcement and administrative law

• The appointment of authorised officers, their powers to enter and use reasonable force and to require documents, plus the Minister’s power to grant exemptions and delegate functions, intersect with administrative law principles including delegation limits, procedural fairness in decision-making about exemptions where discretionary relief is given, and possible review mechanisms under the State’s administrative review architecture. The Act does not prescribe a specific merits review route for exemptions or delegate decisions, but standard administrative law principles may apply to Ministerial exercises of delegated power.

Evidentiary and criminal procedure interactions

• The self-incrimination provision s 16D excludes compelled information from being admissible in prosecution proceedings, except for offences about false or misleading information. That provision interacts with evidence law, compulsion regimes and prosecutorial practice.

Regulatory standards and codes

• The regulations may adopt codes, standards or other documents by reference (s 17(3)(e)). Those incorporated materials will create standards of installation, placement and accessibility that have legal effect through the regulations. The Act requires such documents to be available for public inspection if incorporated (s 17(4)).

Transitional staging and prospective application

• The Schedule provides a specific deferral for private owners and prescribed vehicles until 1 January 2026 (Sch 1 cl 1). That staging influences project planning, capital expenditure and compliance scheduling across corporate and public actors, and may intersect with contractual and lease obligations between owners and occupiers.

In short, the Act is not self-contained; it operates with and within Commonwealth device regulation, State health administration, property and transport statutes, and subordinate regulatory instruments. The Act gives the executive significant scope to set operative detail through regulations and delegated instruments, which will determine day-to-day interaction with other laws and standards.

The legislative history attached to the Act records multiple amendments and staged commencements. The Principal Act is the Automated External Defibrillators (Public Access) Act 2022 (No 27 of 2022) assented 8 December 2022. The early entries show staged commencement: section 2(1) commenced on 8 December 2022 with sections 3 to 17 scheduled to commence on 1 January 2025 under the noted commencement schedule (legislative history notes).

Significant amendments were made by the Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Act 2024 (No 44 of 2024), assented 24 October 2024 with commencement effective 1 January 2025 for the amending provisions. The 2024 amendment inserted Part 3A on authorised officers (s 14 of the amending Act), added definitions and adjusted other definitions in s 3, amended the content and application of ss 4, 5, 7, 8, 9, 10, 12 and 13, inserted ss 16A-16D and made multiple technical changes. The legislative history shows precise clause by clause variations and lists which parts were amended by the 2024 Act to commence on 1 January 2025.

A further change appears in 2025 by the Statutes Amendment (Health and Wellbeing) Act 2025 (No 69 of 2025), assented 4 December 2025, which modified Pt 4 by changing the heading for s 9 and effected that change commencing 4 December 2025. The legislative history shows that s 2 and other technical amendments were omitted or inserted under the Legislation Revision and Publication Act 2002 and that many defined terms were amended by the 2024 Act to take effect 1 January 2025.

The table of provisions amended in the legislative history is granular. It records, for example, that s 3 had multiple insertions and amendments by the 2024 Act (definitions such as amenities, authorised officer, building, correctional facility, hospital, licensed children's residential facility, owner, public building or facility, relevant authority, relevant building, relevant facility and smartphone were inserted or amended by the amending Act) with commencement on 1 January 2025. Section 4 had a deletion (paragraph (d) deleted by the 2024 Act) and other amendments. Section 5 was also amended by the 2024 Act. The 2024 Act inserted s 6A, the exemptions list, effective 1 January 2025.

Part 2 saw amendments to s 7 and s 8 by the 2024 Act effective on 1 January 2025, adding the public access floor area concept in s 7(3) and clarifying definitions. Section 9 was substituted by the 2024 Act and later had its heading changed by the 2025 amending Act. Part 3 was adjusted: s 12 was amended and s 13 substituted by the 2024 Act, with Pt 3A inserted by the 2024 Act as noted. Part 4 saw insertion of ss 16A-16D by the 2024 Act. The regulations-making powers in s 17 were amended and expanded by the 2024 Act.

The Schedule was amended by the 2024 Act to provide the transitional provision delaying application to non-Crown owners and prescribed vehicles until 1 January 2026, recorded at Sch 1 cl 1.

These documented amendments show a legislative pattern of initial enactment with delayed commencement for many operative provisions, a substantial amendment in 2024 refining definitions, enforcement and administrative mechanisms, and a later adjustment in 2025 to part headings. The legislative history notes that historical versions are listed and warns that references to other legislation or office titles in the Act are not automatically updated by the revision program and may be obsolete.

Practitioners should track the exact operative dates in the legislative history. The Schedule makes explicit that private owners and prescribed vehicles were not in scope until 1 January 2026, so staged compliance obligations and transitional support measures in the Ministerial report required by s 18 are relevant to that timetable.

The source does not record any court or tribunal decisions, challenges or litigation applying or interpreting these provisions. No cases are named in the text provided. Therefore there is no litigation history contained in this Act text or its attached legislative history.

Absent reported cases, potential litigation vectors can nevertheless be identified from the Act’s structure, though specific outcomes are not available in the source. The Act creates points at which legal disputes could arise, including:

• Administrative law challenges to Ministerial exemptions under s 16A or to delegated decisions under s 16B, where applicants might seek merits or judicial review on traditional public law grounds such as jurisdictional error or procedural unfairness.
• Disputes over classification of buildings or facilities as designated or prescribed under ss 4 and 5, particularly where regulatory definitions and measurements of publicly accessible floor area are contested. Ownership disputes under the Act’s owner definition (s 3) could arise where multiple parties claim responsibility for compliance.
• Enforcement-related litigation concerning an authorised officer’s power of entry and use of reasonable force under s 15C(1)(a), including claims arising from property damage, unlawful entry or trespass if entry is not authorised by warrant or appropriate grounds are disputed.
• Criminal or regulatory prosecutions for failure to comply with installation, maintenance or registration duties, or for providing false or misleading information under s 16C, which would raise evidentiary issues linked to s 16D’s protection against self-incrimination for compelled statements.
• Challenges over the scope of the regulations made under s 17, including incorporation of standards or codes, and whether those subordinate instruments exceed enabling powers or fail to satisfy procedural requirements.

The Act’s self-contained enforcement provisions, the availability of expiation, and the Minister’s broad discretion on exemptions and delegations are likely to shape how many disputes are resolved administratively rather than through litigated proceedings. For now, the source includes no recorded litigation and no judicial interpretation to cite.

Several practical and legal traps are embedded in the Act’s drafting that will matter to owners, managers and advisers. The following points highlight non-obvious risks and operational friction points grounded in the Act.

Publicly accessible floor area and access by payment

• The metric that drives the 1 200 m2 AED ratio is publicly accessible floor area (s 7(3)). Subsection 7(2a) declares that unobstructed access may include access obtained by payment of money. That provision means pay-to-enter venues, ticketed areas and similar arrangements count towards the floor area calculation, potentially increasing installation obligations for venues that were thought to be semi-private.

Definition of owner and allocation of costs

• Owner is defined by reference to landholdings and could place obligation on fee simple owners, lessees or licensees (s 3). Where buildings are leased, the legal owner may not be the occupier who benefits from the AED. Parties must check lease arrangements to allocate installation and maintenance responsibilities or prepare for liability despite lack of operational control.

Transitional relief and timing

• The Schedule delays application to buildings and facilities owned by a person that is not the Crown until 1 January 2026 (Sch 1 cl 1). That defers private-sector compliance costs, but advisers must avoid assuming obligations are fully static: amendments and regulations made before that date could affect future compliance and planning. Also, owners with construction or major works timelines may trigger prescribed-building obligations if construction commences after the relevant day and results in new buildings over 600 m2 (s 5(a)).

Ministerial discretion and exemptions

• The Minister may exempt specific buildings, facilities, vehicles or persons by written notice, and vary or revoke exemptions (s 16A). Exemptions are discretionary, and reliance on potential relief without a formal exemption is risky. The Act does not specify merits review paths for exemption decisions, so administrative review norms will govern.

Regulation-making breadth

• The regulations can prescribe broad operational detail including placement and accessibility, what constitutes installation and signage, fees and fines up to $10 000 for regulatory offences, and may incorporate codes, standards or documents by reference (s 17). Subordinate instruments may therefore materially change the practical compliance burden. Reliance on the Act text alone may miss essential obligations set by regulation.

Maintenance standard is manufacturer instructions

• Maintenance obligations require compliance with manufacturer instructions (s 9(1)). Manufacturers’ instructions vary by model and supplier. Owners must retain and follow documentation and be careful when third-party maintenance contractors provide service to ensure contractual and evidentiary alignment with the statutory duty.

Register timing and public exposure

• Owners must provide register information within two weeks of the relevant day for pre-existing AEDs or within two weeks after installation for new ones, and must promptly notify changes within two weeks (s 12(4)). The register is public and free to access (s 12(3)), so owners should expect public visibility of AED placements and access times. Mistakes on the register could attract penalties under s 16C for false or misleading information.

Software app user restrictions

• The smartphone application the Minister must ensure may limit its registered users or impose conditions on registered users (s 13(2)). That limitation may affect how readily bystanders can find an AED via the app; owners should not assume the app will always be usable by the general public.

Authorised officers and forceful entry

• Authorised officers may enter and inspect premises believed on reasonable grounds to be within scope and may use reasonable force to gain entry if refused (s 15C(1)(a)). Owners should treat inspection notices and officer identification seriously. The Act requires identity cards and that officers produce them on request (s 15B), so failure to check ID risks both security and compliance mistakes.

Criminal liability exceptions and Crown immunity

• The Act binds the Crown but disclaims criminal liability for the Crown (s 6). That allocates compliance risk to Crown agencies but shields the Crown from criminal sanction; private owners remain exposed to criminal penalties and imprisonment for intentional destruction or removal of AEDs (s 16(1)).

Evidence and compelled information

• Compelled information is protected from use in prosecutions against the person who provides it except for offences about false or misleading information (s 16D). That protection may complicate prosecutions that rely on compelled statements as evidence.

Regulatory fines and expiation tiers

• The Act uses different penalty and expiation levels for different breaches. For example, installation failures carry a high expiation fee ($5 000) and a high maximum penalty ($20 000), whereas regulatory breaches can attract expiation fees capped at $315 (s 17(2)(d)). Understanding which tier applies requires careful reading of the Act and any regulations.

Interaction with other licences and safety regimes

• Hospitals, correctional facilities and licensed children’s residential facilities are excluded under s 6A where they comply with prescribed regulatory requirements. Entities in regulated sectors should check whether sector-specific regulation already covers AED obligations and whether such compliance satisfies the Act or requires additional steps.

Liability allocation in leased properties

• The Act does not adjust lease obligations. Where owners and occupiers have contractual arrangements, those private contracts must be reviewed to allocate who installs, maintains and registers the AEDs. The statutory duty remains on the defined owner or relevant authority, so contractual allocation is a private risk-shifting mechanism, not a statutory defence.

These issues are concrete and operational. They require owners and managers to undertake due diligence on spatial calculations, check ownership and lease arrangements, track regulation-making, and plan for timely registration and public visibility.

This section provides a practitioner‑oriented compliance checklist grounded in statutory obligations and timelines. It assumes the Act’s relevant provisions and highlights immediate actions and practical recordkeeping steps.

1. Determine applicability and classification

• Identify whether your premises are a designated building or facility (s 4) or a prescribed building under s 5. Check whether the premises are excluded by s 6A or by any current regulations. Check whether the land is used for commercial purposes under s 3(3), because commercial use affects whether the building is a "relevant designated building or facility or prescribed building" for the 1 200 m2 metric (s 7(3), s 5).

2. Calculate publicly accessible floor area

• Measure the publicly accessible floor area precisely as the Act requires for the building, noting that the regulations may prescribe methods of calculating floor area and exclusions (s 3(4)). Remember subsection 7(2a) treats access obtained by payment as unobstructed access for the purposes of publicly accessible floor area.

3. Identify responsible legal party

• Confirm who is the owner for the purposes of the Act under s 3, particularly in leased premises. If you are a lessee or licensee who holds the land, you may be the owner for Act purposes. If a landlord is the owner, confirm contractual allocation for installation and maintenance to avoid exposure.

4. Plan installation design and capacity

• If your building is a relevant designated or prescribed building on commercial land with publicly accessible floor area exceeding 1 200 m2, plan installation at one AED per 1 200 m2, subject to any regulatory maximums (s 7(1)(c)). For other designated or prescribed buildings ensure at least one AED (s 7(1)(d)). Check regulations for precise placement and accessibility requirements once available (s 17(2)(ab)).

5. Choose compliant AED devices

• Ensure chosen AEDs are included on the Australian Register of Therapeutic Goods or seek Ministerial approval if not (s 3). Retain documentation of registration or Ministerial approval and certificates.

6. Follow manufacturer maintenance instructions

• Put in place maintenance contracts and records demonstrating compliance with manufacturer instructions to satisfy s 9(1). Keep service logs, battery and pad replacement records, software update records, and any calibration or testing documentation.

7. Implement signage

• Install signs near the AED and outside near an entrance if the AED is inside, or near the device if outside; install exterior vehicle signage if in vehicles (s 10(1)-(3)). Check regulations for prescribed sign format or additional requirements (s 10(5), s 17(2)(ac)).

8. Register AEDs and update information

• Provide the Minister with register information required under s 12(2) in the manner and form determined by the Minister within two weeks after the relevant day for pre-existing AEDs or within two weeks after installation for new AEDs, and notify any changes within two weeks (s 12(4)). Keep copies of registration submissions and confirmations. Ensure the information you provide is accurate to avoid liability under s 16C.

9. Prepare for authorised officer inspections

• Ensure authorised officers can be identified by identity cards on request (s 15B). Do not obstruct authorised officers exercising powers; noncompliance has a maximum penalty of $10 000 (s 15C(2)). Maintain ready access to documents and maintenance records requested by officers.

10. Coordinate with emergency services and transport authorities

• If you are a relevant authority for emergency services or a prescribed vehicle operator, make sure each vehicle is equipped with an AED and that signage is affixed to vehicle exteriors (s 8, s 10(3)). Check whether your vehicles are considered prescribed vehicles under s 8(4) once regulations are available.

11. Assess need for exemptions or Ministerial assistance

• If compliance presents specific hardship or technical issues, apply for exemption under s 16A with a written notice to the Minister detailing reasons and supporting evidence. Retain records of any exemption applications and outcomes, and be aware they may be conditional or revocable (s 16A(1)-(2)).

12. Prepare internal policies and awareness

• Implement internal policies covering AED access protocols, maintenance schedules, incident reporting and the circumstances in which removal for use is permissible. Conform awareness materials to the Minister’s strategy and consider promoting onsite awareness that training is not required to use an AED, consistent with s 14(1)(c).

13. Data and privacy considerations

• Recognise the register information will be publicly accessible on a Minister-determined website (s 12(3)). Consider what location and access time data you submit, and ensure compliance with privacy obligations under data protection laws when providing contact or operational data.

14. Contracts and risk allocation

• Amend or review leases, service contracts and insurance to allocate installation, maintenance, registration costs and liabilities appropriately. Because the statutory duty rests on defined owners or relevant authorities, contractual risk shifting should be explicit and include indemnities, service levels and evidence requirements.

15. Recordkeeping and audit trail

• Keep a consolidated compliance file for each AED: purchase and model details, Australian Register of Therapeutic Goods listing or Ministerial approval, installation dates and placement plans, maintenance records, signage photos, registration confirmations and updates, exemption communications, and any authorised officer interaction. This will be essential evidence if enforcement action arises.

16. Monitor subordinate instruments

• Track regulations, fee notices and standards incorporated by regulation under s 17. These may affect maximums, placements, accessible hours, exclusion classes and compliance procedures. Also monitor the Minister’s software app rules and user restrictions under s 13(2) and public awareness strategy activities under s 14.

17. Budgeting and capital planning

• Plan capital expenditure for AED purchases, signage, installation and maintenance. The Schedule delays private owners until 1 January 2026, but planning should begin earlier to ensure installation, registration and maintenance capability by the effective date (Sch 1 cl 1).

Following this checklist will align owners and relevant authorities with the Act’s duties, reduce exposure to penalties under ss 7-12 and 16, and position entities to respond to authorised officer inspections under Pt 3A. Where complexity or regulatory uncertainty exists, seek targeted legal, engineering or compliance advice referencing the Act, the Minister’s published forms and current regulations.