Part 6Miscellaneous

Part 6—Miscellaneous 78—Delegations (1) The Minister may delegate a function or power conferred on the Minister under this Act— (2) The Chief Executive may delegate a function or power conferred on the Chief Executive under this Act— (3) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) if the instrument of delegation so provides, may be further delegated by the delegate; and (c) is revocable at will and does not prevent the delegator from acting personally in a matter. 79—Commissioner of Police may give criminal history information (1) The Commissioner of Police may give criminal history information to— (a) a National Board; or (b) the ACC, or a police force or service of the Commonwealth or another State, for the purpose of the ACC or the police force or service giving the criminal history information to the National Board. ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth; criminal history information means information about a person's criminal history that may be included in a written report under the Health Practitioner Regulation National Law. 80—Application of fines (1) A fine imposed for an offence against this Act (other than Part 3 or 4) must be paid to the Minister. (2) A fine imposed for an offence against Part 3 must be paid to the Attorney‑General. (3) A fine imposed for an offence against Part 4 must be paid to the Pharmacy Regulation Authority SA. 81—Investigators and inspectors (1) A National Board may, in addition to the persons referred to in section 163 of the Health Practitioner Regulation National Law (South Australia), appoint a person employed in the Public Service of the State, or by an agency or instrumentality of the Crown, as an investigator under that Law. (2) A National Board may, in addition to the persons referred to in section 239 of the Health Practitioner Regulation National Law (South Australia), appoint a person employed in the Public Service of the State, or by an agency or instrumentality of the Crown, as an inspector under that Law. 82—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) prescribe fees or charges for the purposes of this Act, or empower— (i) the Minister; or (ii) in relation to Part 4—Pharmacy Regulation Authority SA, to fix fees or charges, and provide for the recovery of a fee or charge so prescribed or fixed; (b) require the provision of any report or other form of information relating to— (i) pharmacy services, any pharmacy business or any premises constituting a pharmacy or pharmacy depot; or (ii) the sale of optical appliances; or (iii) the provision of other health services within the State; (c) prohibit or regulate the use of specified names or names of a specified class in connection with a pharmacy or pharmacy business; (d) make any provision with respect to the keeping of a register; (e) exempt any person or class of persons from the obligation to pay a fee or charge so prescribed; (f) prescribe penalties, not exceeding $5 000, for breach of, or non‑compliance with, a regulation. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (c) refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (d) provide that a specified provision of this Act does not apply, or applies with prescribed variations, to any person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and (e) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed authority. (4) If a code, standard or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document. 83—Review of Part 3 (1) The Minister must, as soon as practicable after the third anniversary of the commencement of this Act, cause a review to be carried out on the operation of Part 3. (2) The review must be completed within 6 months after it is initiated. (3) The Minister must, within 12 sitting days after receiving a report on the outcome of the review, have copies of the report laid before both Houses of Parliament.