Sch 6Inspectors

Schedule 6—Inspectors (Section 238) 1—Powers of inspectors (1) This clause applies if an inspector reasonably believes— (a) an offence against this Law has been committed; and (b) a person may be able to give information about the offence. (2) The inspector may, by written notice given to a person, require the person to— (a) give stated information to the inspector within a stated reasonable time and in a stated reasonable way; or (b) attend before the inspector at a stated time and a stated place to answer questions or produce documents. 2—Offence for failing to produce information or attend before inspector (1) A person required to give stated information to an inspector under clause 1(2)(a) must not fail, without reasonable excuse, to give the information as required by the notice. (2) A person given a notice to attend before an inspector must not fail, without reasonable excuse, to— (a) attend as required by the notice; and (b) continue to attend as required by the inspector until excused from further attendance; and (c) answer a question the person is required to answer by the inspector; and (d) produce a document the person is required to produce by the notice. (3) For the purposes of subclauses (1) and (2), it is a reasonable excuse for an individual to fail to give stated information, answer a question or to produce a document, if giving the information, answering the question or producing the document might tend to incriminate the individual. 3—Inspection of documents (1) If a document is produced to an inspector, the inspector may— (c) keep the document while it is necessary for the investigation. (2) If the inspector keeps the document, the inspector must permit a person otherwise entitled to possession of the document to inspect, make a copy of, or take an extract from, the document at the reasonable time and in the reasonable way decided by the inspector. 4—Entering places An inspector may enter a place if— (a) its occupier consents to the entry of the place; or (b) it is a public place and the entry is made when it is open to the public; or (c) the entry is authorised by a warrant. 5—Application for warrant (1) An inspector may apply to a magistrate of a participating jurisdiction for a warrant for a place. (2) The inspector must prepare a written application that states the grounds on which the warrant is sought. (3) The written application must be sworn. (4) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. 6—Issue of warrant (1) The magistrate may issue the warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is a particular thing or activity that may provide evidence of an offence against this Law at the place. (2) The warrant must state— (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector's powers under this Part; and (b) the matter for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant's issue, the warrant ends. 7—Application by electronic communication (1) An inspector may apply for a warrant by phone, facsimile, email, radio, video conferencing or another form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including the inspector's remote location. (2) The application— (a) may not be made before the inspector prepares the written application under clause 5(2); but (b) may be made before the written application is sworn. (3) The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied— (a) it was necessary to make the application under subclause (1); and (b) the way the application was made under subclause (1) was appropriate. (4) After the magistrate issues the original warrant— (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or (i) the magistrate must tell the inspector the date and time the warrant is issued and the other terms of the warrant; and (ii) the inspector must complete a form of warrant including by writing on it— (A) the magistrate's name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant. (5) The copy of the warrant referred to in subclause (4)(a), or the form of warrant completed under subclause (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant. (6) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the written application complying with clause 5(2) and (3); and (b) if the inspector completed a form of warrant under subclause (4)(b), the completed form of warrant. (7) The magistrate must keep the original warrant and, on receiving the documents under subclause (6), file the original warrant and documents in the court. (8) Despite subclause (5), if— (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this clause; and (b) the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power. (9) This clause does not limit clause 5. 8—Procedure before entry under warrant (1) Before entering a place under a warrant, an inspector must do or make a reasonable attempt to do the following— (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the inspector's identity card or another document evidencing the inspector's appointment; (b) give the person a copy of the warrant; (c) tell the person the inspector is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the inspector immediate entry to the place without using force. (2) However, the inspector need not comply with subclause (1) if the inspector reasonably believes that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. 9—Powers after entering places (1) This clause applies if an inspector enters a place under clause 4. (2) The inspector may for the purposes of the investigation do the following— (a) search any part of the place; (b) inspect, measure, test, photograph or film any part of the place or anything at the place; (c) take a thing, or a sample of or from a thing, at the place for analysis, measurement or testing; (d) copy, or take an extract from, a document, at the place; (e) take into or onto the place any person, equipment and materials the inspector reasonably requires for exercising a power under this Part; (f) require the occupier of the place, or a person at the place, to give the inspector reasonable help to exercise the inspector's powers under paragraphs (a) to (e); (g) require the occupier of the place, or a person at the place, to give the inspector information to help the inspector ascertain whether this Law is being complied with. (3) When making a requirement referred to in subclause (2)(f) or (g), the inspector must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. 10—Offences for failing to comply with requirement under clause 9 (1) A person required to give reasonable help under clause 9(2)(f) must comply with the requirement, unless the person has a reasonable excuse. (2) A person of whom a requirement is made under clause 9(2)(g) must comply with the requirement, unless the person has a reasonable excuse. (3) It is a reasonable excuse for an individual not to comply with a requirement under clause 9(2)(f) or (g) that complying with the requirement might tend to incriminate the individual. 11—Seizure of evidence (1) An inspector who enters a public place when the place is open to the public may seize a thing at the place if the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector. (2) If an inspector enters a place with the occupier's consent, the inspector may seize a thing at the place if— (a) the inspector reasonably believes the thing is evidence that is relevant to the investigation being conducted by the inspector; and (b) seizure of the thing is consistent with the purpose of the entry as told to the occupier when asking for the occupier's consent. (3) If an inspector enters a place with a warrant, the inspector may seize the evidence for which the warrant was issued. (4) For the purposes of subclauses (2) and (3), the inspector may also seize anything else at the place if the inspector reasonably believes— (a) the thing is evidence that is relevant to the investigation; and (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed. 12—Securing seized things Having seized a thing, an inspector may— (a) move the thing from the place where it was seized; or (b) leave the thing at the place where it was seized but take reasonable action to restrict access to it. 13—Receipt for seized things (1) As soon as practicable after an inspector seizes a thing, the inspector must give a receipt for it to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subclause (1), the inspector must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way. (3) The receipt must describe generally the seized thing and its condition. (4) This clause does not apply to a thing if it is impracticable or would be unreasonable to give the receipt given the thing's nature, condition and value. 14—Forfeiture of seized thing (1) A seized thing is forfeited to the National Agency if the inspector who seized the thing— (a) cannot find its owner, after making reasonable inquiries; or (b) cannot return it to its owner, after making reasonable efforts. (2) In applying subclause (1)— (a) subclause (1)(a) does not require the inspector to make inquiries if it would be unreasonable to make inquiries to find the owner; and (b) subclause (1)(b) does not require the inspector to make efforts if it would be unreasonable to make efforts to return the thing to its owner. (3) Regard must be had to a thing's nature, condition and value in deciding— (a) whether it is reasonable to make inquiries or efforts; and (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable. 15—Dealing with forfeited things (1) On the forfeiture of a thing to the National Agency, the thing becomes the Agency's property and may be dealt with by the Agency as the Agency considers appropriate. (2) Without limiting subclause (1), the National Agency may destroy or dispose of the thing. 16—Return of seized things (1) If a seized thing has not been forfeited, the inspector must return it to its owner— (a) if proceedings involving the thing are started within 6 months after the thing is seized—at the end of the proceedings and any appeal from the proceedings; or (i) 6 months after the thing is seized; or (ii) at the end of any longer time for which the thing may be kept under subclause (3). (2) Despite subclause (1), unless the thing has been forfeited, the inspector must immediately return a thing seized as evidence to its owner if the inspector is no longer satisfied its continued retention as evidence is necessary. (3) If the seized thing is a document, the inspector may keep it while the inspector is satisfied it is needed, or may be needed, for the purposes of— (a) a proceeding for an offence against this Law that is likely to be started or that has been started but not completed; or (b) an appeal from a decision in a proceeding for an offence against this Law. 17—Access to seized things (1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it or take an extract from it. (2) Subclause (1) does not apply if it is impracticable or would be unreasonable to allow the inspection, copying or taking of an extract. 18—Damage to property (1) This clause applies if— (a) an inspector damages property when exercising or purporting to exercise a power; or (b) a person (the other person) acting under the direction of an inspector damages property. (2) The inspector must promptly give written notice of particulars of the damage to the person who appears to the inspector to be the owner of the property. (3) If the inspector believes the damage was caused by a latent defect in the property or circumstances beyond the inspector's or other person's control, the inspector must state the belief in the notice. (4) If, for any reason, it is impracticable to comply with subclause (2), the inspector must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened. (5) This clause does not apply to damage the inspector reasonably believes is trivial. owner, of property, includes the person in possession or control of it. 19—Compensation (1) A person may claim compensation from the National Agency if the person incurs loss or expense because of the exercise or purported exercise of a power under this Schedule by the inspector. (2) Without limiting subclause (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under this Schedule. (3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed. (4) A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case. 20—False or misleading information A person must not state anything to an inspector that the person knows is false or misleading in a material particular. 21—False or misleading documents (1) A person must not give an inspector a document containing information the person knows is false or misleading in a material particular. (2) Subclause (1) does not apply to a person who, when giving the document— (a) informs the inspector, to the best of the person's ability, how it is false or misleading; and (b) gives the correct information to the inspector if the person has, or can reasonably obtain, the correct information. 22—Obstructing inspectors (1) A person must not obstruct an inspector in the exercise of a power, unless the person has a reasonable excuse. (2) If a person has obstructed an inspector and the inspector decides to proceed with the exercise of the power, the inspector must warn the person that— (a) it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and (b) the inspector considers the person's conduct is an obstruction. obstruct includes hinder and attempt to obstruct or hinder. 23—Impersonation of inspectors A person must not pretend to be an inspector. Schedule 7—Miscellaneous provisions relating to interpretation (Section 6) 1—Displacement of Schedule by contrary intention The application of this Schedule may be displaced, wholly or partly, by a contrary intention appearing in this Law. Part 2—General 2—Law to be construed not to exceed legislative power of Legislature (1) This Law is to be construed as operating to the full extent of, but so as not to exceed, the legislative power of the Legislature of this jurisdiction. (2) If a provision of this Law, or the application of a provision of this Law to a person, subject matter or circumstance, would, but for this clause, be construed as being in excess of the legislative power of the Legislature of this jurisdiction— (a) it is a valid provision to the extent to which it is not in excess of the power; and (b) the remainder of this Law, and the application of the provision to other persons, subject matters or circumstances, is not affected. (3) This clause applies to this Law in addition to, and without limiting the effect of, any provision of this Law. 3—Every section to be a substantive enactment Every section of this Law has effect as a substantive enactment without introductory words. 4—Material that is, and is not, part of this Law (1) The heading to a Part, Division or Subdivision into which this Law is divided is part of this Law. (2) A Schedule to this Law is part of this Law. (3) Punctuation in this Law is part of this Law. (4) A heading to a section or subsection of this Law does not form part of this Law. (5) Notes included in this Law (including footnotes and endnotes) do not form part of this Law. 5—References to particular Acts and to enactments (a) an Act of this jurisdiction may be cited— (ii) by reference to the year in which it was passed and its number; and (b) a Commonwealth Act may be cited— (ii) in another way sufficient in a Commonwealth Act for the citation of such an Act; together with a reference to the Commonwealth; and (c) an Act of another jurisdiction may be cited— (ii) in another way sufficient in an Act of the jurisdiction for the citation of such an Act; together with a reference to the jurisdiction. 6—References taken to be included in Act or Law citation etc (1) A reference in this Law to an Act includes a reference to— (a) the Act as originally enacted, and as amended from time to time since its original enactment; and (b) if the Act has been repealed and re-enacted (with or without modification) since the enactment of the reference—the Act as re‑enacted, and as amended from time to time since its re‑enactment. (2) A reference in this Law to a provision of this Law or of an Act includes a reference to— (a) the provision as originally enacted, and as amended from time to time since its original enactment; and (b) if the provision has been omitted and re‑enacted (with or without modification) since the enactment of the reference—the provision as re‑enacted, and as amended from time to time since its re‑enactment. (3) Subclauses (1) and (2) apply to a reference in this Law to a law of the Commonwealth or another jurisdiction as they apply to a reference in this Law to an Act and to a provision of an Act. 7—Interpretation best achieving Law's purpose (1) In the interpretation of a provision of this Law, the interpretation that will best achieve the purpose or object of this Law is to be preferred to any other interpretation. (2) Subclause (1) applies whether or not the purpose is expressly stated in this Law. 8—Use of extrinsic material in interpretation (1) In this clause— extrinsic material means relevant material not forming part of this Law, including, for example— (a) material that is set out in the document containing the text of this Law as printed by the Government Printer; and (b) a relevant report of a Royal Commission, Law Reform Commission, commission or committee of inquiry, or a similar body, that was laid before the Parliament of this jurisdiction before the provision concerned was enacted; and (c) a relevant report of a committee of the Parliament of this jurisdiction that was made to the Parliament before the provision was enacted; and (d) a treaty or other international agreement that is mentioned in this Law; and (e) an explanatory note or memorandum relating to the Bill that contained the provision, or any relevant document, that was laid before, or given to the members of, the Parliament of this jurisdiction by the member bringing in the Bill before the provision was enacted; and (f) the speech made to the Parliament of this jurisdiction by the member in moving a motion that the Bill be read a second time; and (g) material in the Votes and Proceedings of the Parliament of this jurisdiction or in any official record of debates in the Parliament of this jurisdiction; and (h) a document that is declared by this Law to be a relevant document for the purposes of this clause. ordinary meaning means the ordinary meaning conveyed by a provision having regard to its context in this Law and to the purpose of this Law. (2) Subject to subclause (3), in the interpretation of a provision of this Law, consideration may be given to extrinsic material capable of assisting in the interpretation— (a) if the provision is ambiguous or obscure—to provide an interpretation of it; or (b) if the ordinary meaning of the provision leads to a result that is manifestly absurd or is unreasonable—to provide an interpretation that avoids such a result; or (c) in any other case—to confirm the interpretation conveyed by the ordinary meaning of the provision. (3) In determining whether consideration should be given to extrinsic material, and in determining the weight to be given to extrinsic material, regard is to be had to— (a) the desirability of a provision being interpreted as having its ordinary meaning; and (b) the undesirability of prolonging proceedings without compensating advantage; and (c) other relevant matters. 9—Effect of change of drafting practice and use of examples If— (a) a provision of this Law expresses an idea in particular words; and (b) a provision enacted later appears to express the same idea in different words for the purpose of implementing a different legislative drafting practice, including, for example— (i) the use of a clearer or simpler style; or (ii) the use of gender-neutral language; the ideas must not be taken to be different merely because different words are used. 10—Use of examples If this Law includes an example of the operation of a provision— (a) the example is not exhaustive; and (b) the example does not limit, but may extend, the meaning of the provision; and (c) the example and the provision are to be read in the context of each other and the other provisions of this Law, but, if the example and the provision so read are inconsistent, the provision prevails. 11—Compliance with forms (1) If a form is prescribed or approved by or for the purpose of this Law, strict compliance with the form is not necessary and substantial compliance is sufficient. (2) If a form prescribed or approved by or for the purpose of this Law requires— (a) the form to be completed in a specified way; or (b) specified information or documents to be included in, attached to or given with the form; or (c) the form, or information or documents included in, attached to or given with the form, to be verified in a specified way, the form is not properly completed unless the requirement is complied with. Part 3—Terms and references 12—Definitions (1) In this Law— Act means an Act of the Legislature of this jurisdiction. adult means an individual who is 18 or more. affidavit, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration and promise. amend includes— (a) omit or omit and substitute; or (b) alter or vary; or (c) amend by implication. appoint includes reappoint. Australia means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. business day means a day that is not— (a) a Saturday or Sunday; or (b) a public holiday, special holiday or bank holiday in the place in which any relevant act is to be or may be done. calendar month means a period starting at the beginning of any day of one of the 12 named months and ending— (a) immediately before the beginning of the corresponding day of the next named month; or (b) if there is no such corresponding day—at the end of the next named month. calendar year means a period of 12 months beginning on 1 January. commencement, in relation to this Law or an Act or a provision of this Law or an Act, means the time at which this Law, the Act or provision comes into operation. Commonwealth means the Commonwealth of Australia but, when used in a geographical sense, does not include an external Territory. confer, in relation to a function, includes impose. contravene includes fail to comply with. country includes— (a) a federation; or (b) a state, province or other part of a federation. date of assent, in relation to an Act, means the day on which the Act receives the Royal Assent. definition means a provision of this Law (however expressed) that— (a) gives a meaning to a word or expression; or (b) limits or extends the meaning of a word or expression. document includes— (a) any paper or other material on which there is writing; or (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; or (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being reproduced (with or without the aid of another article or device). electronic communication means— (a) a communication of information in the form of data, text or images by means of guided or unguided electromagnetic energy, or both; or (b) a communication of information in the form of sound by means of guided or unguided electromagnetic energy, or both, where the sound is processed at its destination by an automated voice recognition system. estate includes easement, charge, right, title, claim, demand, lien or encumbrance, whether at law or in equity. expire includes lapse or otherwise cease to have effect. external Territory means a Territory, other than an internal Territory, for the government of which as a Territory provision is made by a Commonwealth Act. fail includes refuse. financial year means a period of 12 months beginning on 1 July. foreign country means a country (whether or not an independent sovereign State) outside Australia and the external Territories. function includes a power, authority or duty. Gazette means the Government Gazette of this jurisdiction. gazetted means published in the Gazette. Gazette notice means notice published in the Gazette. Government Printer means the Government Printer of this jurisdiction, and includes any other person authorised by the Government of this jurisdiction to print an Act or instrument. individual means a natural person. information system means a system for generating, sending, receiving, storing or otherwise processing electronic communications. insert, in relation to a provision of this Law, includes substitute. instrument includes a statutory instrument. interest, in relation to land or other property, means— (a) a legal or equitable estate in the land or other property; or (b) a right, power or privilege over, or in relation to, the land or other property. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. internal Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory. Jervis Bay Territory means the Territory mentioned in the Jervis Bay Territory Acceptance Act 1915 (Cwlth). make includes issue or grant. minor means an individual who is under 18. modification includes addition, omission or substitution. month means a calendar month. named month means 1 of the 12 months of the year. Northern Territory means the Northern Territory of Australia. number means— (a) a number expressed in figures or words; or (b) a letter; or (c) a combination of a number so expressed and a letter. oath, in relation to a person allowed by law to affirm, declare or promise, includes affirmation, declaration or promise. office includes position. omit, in relation to a provision of this Law or an Act, includes repeal. party includes an individual or a body politic or corporate. penalty includes forfeiture or punishment. person includes an individual or a body politic or corporate. power includes authority. prescribed means prescribed by, or by regulations made or in force for the purposes of or under, this Law. printed includes typewritten, lithographed or reproduced by any mechanical means. proceeding means a legal or other action or proceeding. property means any legal or equitable estate or interest (whether present or future, vested or contingent, or tangible or intangible) in real or personal property of any description (including money), and includes things in action. provision, in relation to this Law or an Act, means words or other matter that form or forms part of this Law or the Act, and includes— (a) a Chapter, Part, Division, Subdivision, section, subsection, paragraph, subparagraph, sub-subparagraph or Schedule of or to this Law or the Act; or (b) a section, clause, subclause, item, column, table or form of or in a Schedule to this Law or the Act; or (c) the long title and any preamble to the Act. record includes information stored or recorded by means of a computer. repeal includes— (a) revoke or rescind; or (b) repeal by implication; or (c) abrogate or limit the effect of this Law or instrument concerned; or (d) exclude from, or include in, the application of this Law or instrument concerned any person, subject matter or circumstance. sign includes the affixing of a seal or the making of a mark. statutory declaration means a declaration made under an Act, or under a Commonwealth Act or an Act of another jurisdiction, that authorises a declaration to be made otherwise than in the course of a judicial proceeding. statutory instrument means an instrument (including a regulation) made or in force under or for the purposes of this Law, and includes an instrument made or in force under any such instrument. swear, in relation to a person allowed by law to affirm, declare or promise, includes affirm, declare or promise. word includes any symbol, figure or drawing. writing includes any mode of representing or reproducing words in a visible form. (2) In a statutory instrument— the Law means this Law. 13—Provisions relating to defined terms and gender and number (1) If this Law defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings. (2) Definitions in or applicable to this Law apply except so far as the context or subject matter otherwise indicates or requires. (3) In this Law, words indicating a gender include each other gender. (4) In this Law— (a) words in the singular include the plural; and (b) words in the plural include the singular. 14—Meaning of "may" and "must" etc (1) In this Law, the word may, or a similar word or expression, used in relation to a power indicates that the power may be exercised or not exercised, at discretion. (2) In this Law, the word must, or a similar word or expression, used in relation to a power indicates that the power is required to be exercised. (3) This clause has effect despite any rule of construction to the contrary. 15—Words and expressions used in statutory instruments (1) Words and expressions used in a statutory instrument have the same meanings as they have, from time to time, in this Law, or relevant provisions of this Law, under or for the purposes of which the instrument is made or in force. (2) This clause has effect in relation to an instrument except so far as the contrary intention appears in the instrument. 16—Effect of express references to bodies corporate and individuals In this Law, a reference to a person generally (whether the expression "person", "party", "someone", "anyone", "no-one", "one", "another" or "whoever" or another expression is used)— (a) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to a body corporate (however expressed); and (b) does not exclude a reference to a body corporate or an individual merely because elsewhere in this Law there is particular reference to an individual (however expressed). 17—Production of records kept in computers etc If a person who keeps a record of information by means of a mechanical, electronic or other device is required by or under this Law— (a) to produce the information or a document containing the information to a court, tribunal or person; or (b) to make a document containing the information available for inspection by a court, tribunal or person; then, unless the court, tribunal or person otherwise directs— (c) the requirement obliges the person to produce or make available for inspection, as the case may be, a document that reproduces the information in a form capable of being understood by the court, tribunal or person; and (d) the production to the court, tribunal or person of the document in that form complies with the requirement. 18—References to this jurisdiction to be implied (a) a reference to an officer, office or statutory body is a reference to such an officer, office or statutory body in and for this jurisdiction; and (b) a reference to a locality or other matter or thing is a reference to such a locality or other matter or thing in and of this jurisdiction. 19—References to officers and holders of offices In this Law, a reference to a particular officer, or to the holder of a particular office, includes a reference to the person for the time being occupying or acting in the office concerned. 20—Reference to certain provisions of Law If a provision of this Law refers— (a) to a Part, section or Schedule by a number and without reference to this Law—the reference is a reference to the Part, section or Schedule, designated by the number, of or to this Law; or (b) to a Schedule without reference to it by a number and without reference to this Law—the reference, if there is only one Schedule to this Law, is a reference to the Schedule; or (c) to a Division, Subdivision, subsection, paragraph, subparagraph, sub-subparagraph, clause, subclause, item, column, table or form by a number and without reference to this Law—the reference is a reference to— (i) the Division, designated by the number, of the Part in which the reference occurs; and (ii) the Subdivision, designated by the number, of the Division in which the reference occurs; and (iii) the subsection, designated by the number, of the section in which the reference occurs; and (iv) the paragraph, designated by the number, of the section, subsection, Schedule or other provision in which the reference occurs; and (v) the paragraph, designated by the number, of the clause, subclause, item, column, table or form of or in the Schedule in which the reference occurs; and (vi) the subparagraph, designated by the number, of the paragraph in which the reference occurs; and (vii) the sub-subparagraph, designated by the number, of the subparagraph in which the reference occurs; and (viii) the section, clause, subclause, item, column, table or form, designated by the number, of or in the Schedule in which the reference occurs; as the case requires. 21—Reference to provisions of this Law or an Act is inclusive In this Law, a reference to a portion of this Law or an Act includes— (a) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the beginning of the portion; and (b) a reference to the Chapter, Part, Division, Subdivision, section, subsection or other provision of this Law or the Act referred to that forms the end of the portion. A reference to "sections 5 to 9" includes both section 5 and section 9. It is not necessary to refer to "sections 5 to 9 (both inclusive)" to ensure that the reference is given an inclusive interpretation. Part 4—Functions and powers 22—Performance of statutory functions (1) If this Law confers a function or power on a person or body, the function may be performed, or the power may be exercised, from time to time as occasion requires. (2) If this Law confers a function or power on a particular officer or the holder of a particular office, the function may be performed, or the power may be exercised, by the person for the time being occupying or acting in the office concerned. (3) If this Law confers a function or power on a body (whether or not incorporated), the performance of the function, or the exercise of the power, is not affected merely because of vacancies in the membership of the body. 23—Power to make instrument or decision includes power to amend or repeal If this Law authorises or requires the making of an instrument or decision— (a) the power includes power to amend or repeal the instrument or decision; and (b) the power to amend or repeal the instrument or decision is exercisable in the same way, and subject to the same conditions, as the power to make the instrument or decision. 24—Matters for which statutory instruments may make provision (1) If this Law authorises or requires the making of a statutory instrument in relation to a matter, a statutory instrument made under this Law may make provision for the matter by applying, adopting or incorporating (with or without modification) the provisions of— (a) an Act or statutory instrument; or (b) another document (whether of the same or a different kind); as in force at a particular time or as in force from time to time. (2) If a statutory instrument applies, adopts or incorporates the provisions of a document, the statutory instrument applies, adopts or incorporates the provisions as in force from time to time, unless the statutory instrument otherwise expressly provides. (3) A statutory instrument may— (a) apply generally throughout this jurisdiction or be limited in its application to a particular part of this jurisdiction; or (b) apply generally to all persons, matters or things or be limited in its application to— (i) particular persons, matters or things; or (ii) particular classes of persons, matters or things; or (c) otherwise apply generally or be limited in its application by reference to specified exceptions or factors. (4) A statutory instrument may— (a) apply differently according to different specified factors; or (b) otherwise make different provision in relation to— (i) different persons, matters or things; or (ii) different classes of persons, matters or things. (5) A statutory instrument may authorise a matter or thing to be from time to time determined, applied or regulated by a specified person or body. (6) If this Law authorises or requires a matter to be regulated by statutory instrument, the power may be exercised by prohibiting by statutory instrument the matter or any aspect of the matter. (7) If this Law authorises or requires provision to be made with respect to a matter by statutory instrument, a statutory instrument made under this Law may make provision with respect to a particular aspect of the matter despite the fact that provision is made by this Law in relation to another aspect of the matter or in relation to another matter. (8) A statutory instrument may provide for the review of, or a right of appeal against, a decision made under the statutory instrument, or this Law, and may, for that purpose, confer jurisdiction on any court, tribunal, person or body. (9) A statutory instrument may require a form prescribed by or under the statutory instrument, or information or documents included in, attached to or given with the form, to be verified by statutory declaration. 25—Presumption of validity and power to make (1) All conditions and preliminary steps required for the making of a statutory instrument are presumed to have been satisfied and performed in the absence of evidence to the contrary. (2) A statutory instrument is taken to be made under all powers under which it may be made, even though it purports to be made under this Law or a particular provision of this Law. 26—Appointments may be made by name or office (1) If this Law authorises or requires a person or body— (a) to appoint a person to an office; or (b) to appoint a person or body to exercise a power; or (c) to appoint a person or body to do another thing; the person or body may make the appointment by— (d) appointing a person or body by name; or (e) appointing a particular officer, or the holder of a particular office, by reference to the title of the office concerned. (2) An appointment of a particular officer, or the holder of a particular office, is taken to be the appointment of the person for the time being occupying or acting in the office concerned. 27—Acting appointments (1) If this Law authorises a person or body to appoint a person to act in an office, the person or body may, in accordance with this Law, appoint— (a) a person by name; or (b) a particular officer, or the holder of a particular office, by reference to the title of the office concerned; to act in the office. (2) The appointment may be expressed to have effect only in the circumstances specified in the instrument of appointment. (3) The appointer may— (a) determine the terms and conditions of the appointment, including remuneration and allowances; and (b) terminate the appointment at any time. (4) The appointment, or the termination of the appointment, must be in, or evidenced by, writing signed by the appointer. (5) The appointee must not act for more than 1 year during a vacancy in the office. (6) If the appointee is acting in the office otherwise than because of a vacancy in the office and the office becomes vacant, then, subject to subclause (2), the appointee may continue to act until— (a) the appointer otherwise directs; or (b) the vacancy is filled; or (c) the end of a year from the day of the vacancy; whichever happens first. (7) The appointment ceases to have effect if the appointee resigns by writing signed and delivered to the appointer. (8) While the appointee is acting in the office— (a) the appointee has all the powers and functions of the holder of the office; and (b) this Law and other laws apply to the appointee as if the appointee were the holder of the office. (9) Anything done by or in relation to a person purporting to act in the office is not invalid merely because— (a) the occasion for the appointment had not arisen; or (b) the appointment had ceased to have effect; or (c) the occasion for the person to act had not arisen or had ceased. (10) If this Law authorises the appointer to appoint a person to act during a vacancy in the office, an appointment to act in the office may be made by the appointer whether or not an appointment has previously been made to the office. 28—Powers of appointment imply certain incidental powers (1) If this Law authorises or requires a person or body to appoint a person to an office— (a) the power may be exercised from time to time as occasion requires; and (b) the power includes— (i) power to remove or suspend, at any time, a person appointed to the office; and (ii) power to appoint another person to act in the office if a person appointed to the office is removed or suspended; and (iii) power to reinstate or reappoint a person removed or suspended; and (iv) power to appoint a person to act in the office if it is vacant (whether or not the office has ever been filled); and (v) power to appoint a person to act in the office if the person appointed to the office is absent or is unable to discharge the functions of the office (whether because of illness or otherwise). (2) The power to remove or suspend a person under subclause (1)(b) may be exercised even if this Law provides that the holder of the office to which the person was appointed is to hold office for a specified period. (3) The power to make an appointment under subclause (1)(b) may be exercised from time to time as occasion requires. (4) An appointment under subclause (1)(b) may be expressed to have effect only in the circumstances specified in the instrument of appointment. 29—Delegation of functions (1) If this Law authorises a person or body to delegate a function, the person or body may, in accordance with this Law and any other applicable law, delegate the function to— (a) a person or body by name; or (b) a specified officer, or the holder of a specified office, by reference to the title of the office concerned. (2) The delegation may be— (a) general or limited; and (b) made from time to time; and (c) revoked, wholly or partly, by the delegator. (3) The delegation, or a revocation of the delegation, must be in, or evidenced by, writing signed by the delegator or, if the delegator is a body, by a person authorised by the body for the purpose. (4) A delegated function may be exercised only in accordance with any conditions to which the delegation is subject. (5) The delegate may, in the performance of a delegated function, do anything that is incidental to the delegated function. (6) A delegated function that purports to have been exercised by the delegate is taken to have been properly exercised by the delegate unless the contrary is proved. (7) A delegated function that is properly exercised by the delegate is taken to have been exercised by the delegator. (8) If, when exercised by the delegator, a function is dependent on the delegator's opinion, belief or state of mind, then, when exercised by the delegate, the function is dependent on the delegate's opinion, belief or state of mind. (9) If— (a) the delegator is a specified officer or the holder of a specified office; and (b) the person who was the specified officer or holder of the specified office when the delegation was made ceases to be the holder of the office; (c) the delegation continues in force; and (d) the person for the time being occupying or acting in the office concerned is taken to be the delegator for the purposes of this section. (10) If— (a) the delegator is a body; and (b) there is a change in the membership of the body; (c) the delegation continues in force; and (d) the body as constituted for the time being is taken to be the delegator for the purposes of this section. (11) If a function is delegated to a specified officer or the holder of a specified office— (a) the delegation does not cease to have effect merely because the person who was the specified officer or the holder of the specified office when the function was delegated ceases to be the officer or the holder of the office; and (b) the function may be exercised by the person for the time being occupying or acting in the office concerned. (12) A function that has been delegated may, despite the delegation, be exercised by the delegator. (13) The delegation of a function does not relieve the delegator of the delegator's obligation to ensure that the function is properly exercised. (14) Subject to subsection (15), this clause applies to a subdelegation of a function in the same way as it applies to a delegation of a function. (15) If this Law authorises the delegation of a function, the function may be subdelegated only if the Law expressly authorises the function to be subdelegated. 30—Exercise of powers between enactment and commencement (1) If a provision of this Law (the empowering provision) that does not commence on its enactment would, had it commenced, confer a power— (a) to make an appointment; or (b) to make a statutory instrument of a legislative or administrative character; or (c) to do another thing; (d) the power may be exercised; and (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (2) If a provision of a Queensland Act (the empowering provision) that does not commence on its enactment would, had it commenced, amend a provision of this Law so that it would confer a power— (a) to make an appointment; or (b) to make a statutory instrument of a legislative or administrative character; or (c) to do another thing; (d) the power may be exercised; and (e) anything may be done for the purpose of enabling the exercise of the power or of bringing the appointment, instrument or other thing into effect; before the empowering provision commences. (3) If— (a) this Law has commenced and confers a power to make a statutory instrument (the basic instrument-making power); and (b) a provision of a Queensland Act that does not commence on its enactment would, had it commenced, amend this Law so as to confer additional power to make a statutory instrument (the additional instrument-making power); (c) the basic instrument‑making power and the additional instrument‑making power may be exercised by making a single instrument; and (d) any provision of the instrument that required an exercise of the additional instrument‑making power is to be treated as made under subclause (2). (4) If an instrument, or a provision of an instrument, is made under subclause (1) or (2) that is necessary for the purpose of— (a) enabling the exercise of a power mentioned in the subclause; or (b) bringing an appointment, instrument or other thing made or done under such a power into effect; the instrument or provision takes effect— (c) on the making of the instrument; or (d) on such later day (if any) on which, or at such later time (if any) at which, the instrument or provision is expressed to take effect. (5) If— (a) an appointment is made under subclause (1) or (2); or (b) an instrument, or a provision of an instrument, made under subclause (1) or (2) is not necessary for a purpose mentioned in subclause (4); the appointment, instrument or provision takes effect— (c) on the commencement of the relevant empowering provision; or (d) on such later day (if any) on which, or at such later time (if any) at which, the appointment, instrument or provision is expressed to take effect. (6) Anything done under subclause (1) or (2) does not confer a right, or impose a liability, on a person before the relevant empowering provision commences. (7) After the enactment of a provision mentioned in subclause (2) but before the provision's commencement, this clause applies as if the references in subclauses (2) and (5) to the commencement of the empowering provision were references to the commencement of the provision mentioned in subclause (2) as amended by the empowering provision. (8) In the application of this clause to a statutory instrument, a reference to the enactment of the instrument is a reference to the making of the instrument. Part 5—Distance, time and age 31—Matters relating to distance, time and age (1) In the measurement of distance for the purposes of this Law, the distance is to be measured along the shortest road ordinarily used for travelling. (2) If a period beginning on a given day, act or event is provided or allowed for a purpose by this Law, the period is to be calculated by excluding the day, or the day of the act or event, and— (a) if the period is expressed to be a specified number of clear days or at least a specified number of days—by excluding the day on which the purpose is to be fulfilled; and (b) in any other case—by including the day on which the purpose is to be fulfilled. (3) If the last day of a period provided or allowed by this Law for doing anything is not a business day in the place in which the thing is to be or may be done, the thing may be done on the next business day in the place. (4) If the last day of a period provided or allowed by this Law for the filing or registration of a document is a day on which the office is closed where the filing or registration is to be or may be done, the document may be filed or registered at the office on the next day that the office is open. (5) If no time is provided or allowed for doing anything, the thing is to be done as soon as possible, and as often as the prescribed occasion happens. (6) If, in this Law, there is a reference to time, the reference is, in relation to the doing of anything in a jurisdiction, a reference to the legal time in the jurisdiction. (7) For the purposes of this Law, a person attains an age in years at the beginning of the person's birthday for the age. Part 6—Effect of repeal, amendment or expiration 32—Time of Law ceasing to have effect If a provision of this Law is expressed— (a) to expire on a specified day; or (b) to remain or continue in force, or otherwise have effect, until a specified day; this provision has effect until the last moment of the specified day. 33—Repealed Law provisions not revived If a provision of this Law is repealed or amended by a Queensland Act, or a provision of a Queensland Act, the provision is not revived merely because the Queensland Act or the provision of the Queensland Act— (a) is later repealed or amended; or (b) later expires. 34—Saving of operation of repealed Law provisions (1) The repeal, amendment or expiry of a provision of this Law does not— (a) revive anything not in force or existing at the time the repeal, amendment or expiry takes effect; or (b) affect the previous operation of the provision or anything suffered, done or begun under the provision; or (c) affect a right, privilege or liability acquired, accrued or incurred under the provision; or (d) affect a penalty incurred in relation to an offence arising under the provision; or (e) affect an investigation, proceeding or remedy in relation to such a right, privilege, liability or penalty. (2) Any such penalty may be imposed and enforced, and any such investigation, proceeding or remedy may be begun, continued or enforced, as if the provision had not been repealed or amended or had not expired. 35—Continuance of repealed provisions If a Queensland Act repeals some provisions of this Law and enacts new provisions in substitution for the repealed provisions, the repealed provisions continue in force until the new provisions commence. 36—Law and amending Acts to be read as one This Law and all Queensland Acts amending this Law are to be read as one. Part 7—Instruments under Law 37—Schedule applies to statutory instruments (1) This Schedule applies to a statutory instrument, and to things that may be done or are required to be done under a statutory instrument, in the same way as it applies to this Law, and things that may be done or are required to be done under this Law, except so far as the context or subject matter otherwise indicates or requires. (2) The fact that a provision of this Schedule refers to this Law and not also to a statutory instrument does not, by itself, indicate that the provision is intended to apply only to this Law. Part 8—Application to coastal sea 38—Application This Law has effect in and in relation to the coastal sea of this jurisdiction as if that coastal sea were part of this jurisdiction. Legislative history Notes • In this version provisions that are uncommenced appear in italics. • Amendments of this version that are uncommenced are not incorporated into the text. • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For 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. Legislation amended by principal Act The Health Practitioner Regulation National Law (South Australia) Act 2010 amended the following: Acts Interpretation Act 1915 Births, Deaths and Marriages Registration Act 1996 Boxing and Martial Arts Act 2000 Consent to Medical Treatment and Palliative Care Act 1995 Controlled Substances Act 1984 Coroners Act 2003 Cremation Act 2000 Criminal Law Consolidation Act 1935 Health and Community Services Complaints Act 2004 Health Professionals (Special Events Exemption) Act 2000 Landlord and Tenant Act 1936 Mental Health Act 2009 Rail Safety Act 2007 Road Traffic Act 1961 Summary Offences Act 1953 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Health Practitioner Regulation National Law (South Australia) Act 2010 1.7.2010 1.7.2010 (Gazette 1.7.2010 p3338) (189) Health Practitioner Regulation National Law (South Australia) (Amendment of Act) Regulations 2010 (Gazette 12.8.2010 p4101) — 12.8.2010: r 2 Health Practitioner Regulation National Law (South Australia) (Miscellaneous) Amendment Act 2012 13.9.2012 1.10.2012 (Gazette 27.9.2012 p4523) Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 25 (s 49)—17.6.2013 (Gazette 6.6.2013 p2498) Health Practitioner Regulation National Law (South Australia) (Restricted Birthing Practices) Amendment Act 2013 21.11.2013 Pt 2 (s 4)—1.2.2014 (Gazette 23.1.2014 p344) Health Practitioner Regulation National Law (South Australia) (Protection of Title—Paramedics) Amendment Act 2013 21.11.2013 1.9.2014 (Gazette 14.8.2014 p4027) Health Practitioner Regulation National Law (South Australia) (Remote Area Attendance) Amendment Act 2017 12.12.2017 1.7.2019 (Gazette 16.5.2019 p1288) (344) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2017 (Gazette 19.12.2017 p5158) — 13.9.2017 except rr 4(4), 14, 18—16.1.2018: r 2 (48) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2018 (Gazette 13.2.2018 p800) — 1.3.2018: r 2 (170) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 2) Regulations 2018 (Gazette 28.6.2018 p2622) — 1.8.2018: r 2 (229) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077) — Pt 2 (rr 4 to 64) & Sch 1 (cl 1)—1.12.2018: r 2 (168) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2019 (Gazette 27.6.2019 p2365) — 1.7.2019: r 2 Statutes Amendment (SACAT) Act 2019 11.7.2019 Pt 16 (ss 105 to 112)—9.8.2019 (Gazette 9.8.2019 p2948) (20) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2020 (Gazette 27.2.2020 p454) — 1.3.2020: r 2 Health Practitioner Regulation National Law (South Australia) (Telepharmacy) Amendment Act 2021 4.11.2021 1.12.2021 (Gazette 25.11.2021 p4128) (108) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2022 (Gazette 1.12.2022 p6758) — 21.10.2022: r 2 (33) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2023 (Gazette 11.5.2023 p943) — 15.5.2023: r 2 (101) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 2) Regulations 2023 (Gazette 12.10.2023 p3461) — 20.9.2023: r 2 Veterinary Services Act 2023 7.12.2023 Sch 1 (cl 27)—1.7.2026 (Gazette 20.11.2025 p4496) (58) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2024 (Gazette 27.6.2024 p1921) — 1.7.2024: r 2 (136) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) Regulations 2025 (Gazette 4.12.2025 p4719) — 4.12.2025 except rr 4 to 9 & 11 insofar as it inserts ss 327 & 328—uncommenced Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 Pt 1 s 2 omitted under Legislation Revision and Publication Act 2002 s 3 s 3(1) District Court deleted by 14/2019 s 105(1) Tribunal amended by 14/2019 s 105(2) Pt 2 s 6 amended by 14/2019 s 106 s 6A inserted by 31/2012 s 4 substituted by 14/2019 s 107 s 6B inserted by 14/2019 s 107 Pt 3 substituted by 14/2019 s 108 Pt 4 Pt 4 Div 1 s 26 s 26(1) friendly society inserted by 31/2012 s 5(1) pharmacist controlled company inserted by 31/2012 s 5(2) pharmacist controlled trust inserted by 31/2012 s 5(2) pharmacy services provider substituted by 31/2012 s 5(3) proprietary interest inserted by 31/2012 s 5(4) s 26(2)—(8) substituted by 31/2012 s 5(5) s 26(9)—(11) deleted by 31/2012 s 5(5) Pt 4 Div 2 s 34 s 34(1) amended by 31/2012 s 6(1) s 34(4) amended by 31/2012 s 6(2) Pt 4 Div 3 s 41 s 41(1a) inserted by 31/2012 s 7 s 43 s 43(1a)—(1g) inserted by 41/2021 s 4(1) s 43(4) emergency inserted by 41/2021 s 4(2) pharmacist substituted by 31/2012 s 8 s 46 s 46(6) inserted by 41/2021 s 5 s 47 s 47(2) amended by 14/2019 s 109 s 48 substituted by 14/2019 s 110 Pt 4 Div 4 s 49 s 49(1) amended by 31/2012 s 9(1) s 49(2) amended by 31/2012 s 9(2) s 50 s 50(1) amended by 31/2012 s 10 Pt 4 Div 5 s 51 s 51(1) amended by 31/2012 s 11(1), (2) s 51(1a) inserted by 31/2012 s 11(3) s 51(2) amended by 31/2012 s 11(4), (5) s 51(4) amended by 31/2012 s 11(6) s 51(5) amended by 31/2012 s 11(7), (8) s 51(7) substituted by 31/2012 s 11(9) s 51(8) qualified person amended by 31/2012 s 11(10) Pt 4 Div 6 s 53 s 53(1) amended by 31/2012 s 12(1)—(4) s 53(2) amended by 31/2012 s 12(5), (6) s 54 s 54(4) amended by 31/2012 s 13(1), (2) s 55 s 55(2) amended by 31/2012 s 14 ss 62 & 63 substituted by 14/2019 s 111 s 63A inserted by 14/2019 s 111 Pt 4 Div 7 s 68 s 68(1) substituted by 31/2012 s 15 s 68(1a) inserted by 31/2012 s 15 s 69 amended by 31/2012 s 16 s 71 amended by 31/2012 s 17 s 72 substituted by 16/2013 s 49 17.6.2013 Pt 5A inserted by 56/2017 s 4 Pt 6 s 79 s 79(1) amended by 344/2017 Sch 1 cl 1(1) s 79(2) ACC inserted by 344/2017 Sch 1 cl 1(2) s 82 s 82(2) amended by 31/2012 s 18 Sch 1 Pts 1—16 omitted under Legislation Revision and Publication Act 2002 Pt 17 cl 28 amended by 31/2012 s 19(1) Pt 18 cl 29 prescribed body amended by 31/2012 s 19(2) cl 37 cl 37(1) amended by 31/2012 s 19(3) cl 37(2) amended by 31/2012 s 19(4) cl 37(2a) and (2b) inserted by 31/2012 s 19(5) cl 37(3) amended by 31/2012 s 19(6) cl 39 cl 39(1) amended by 31/2012 s 19(7), (8) amended by 229/2018 Sch 1 cl 1(1)—(4) Sch 2—National Law inserted by 189/2010 r 3 Pt 1 s 3 amended by 108/2022 r 4(1) s 3(2) amended by 108/2022 r 4(2) s 3(3) deleted by 108/2022 r 4(3) s 3A inserted by 108/2022 r 5 s 4 amended by 108/2022 r 6 s 5 ACC inserted by 344/2017 r 4(1) accreditation committee amended by 229/2018 r 4(1) Advisory Council deleted by 108/2022 r 7(1) Agency Board inserted by 108/2022 r 7(2) Agency Management Committee deleted by 108/2022 r 7(3) COAG Agreement amended by 108/2022 r 7(4) CrimTrac deleted by 344/2017 r 4(2) disqualified person inserted by 136/2025 r 4(1) health profession amended by 229/2018 r 4(2), (3) interim prohibition order inserted by 58/2024 r 4(1) Ministerial Council substituted by 344/2017 r 4(3) substituted by 58/2024 r 4(2) National Board amended by 229/2018 r 4(4) practice arrangement inserted by 33/2023 r 4(1) prohibition order inserted by 344/2017 r 4(4) amended by 101/2023 r 4 regulatory body inserted by 33/2023 r 4(2) relevant provision inserted by 33/2023 r 4(3) reinstatement order inserted by 136/2025 r 4(2) suspension period inserted by 58/2024 r 4(3) unregistered person inserted by 33/2023 r 4(4) s 7 s 7(1)—(3) amended by 229/2018 r 5 Pt 2 s 12 s 12(4) inserted by 58/2024 r 5 s 14 s 14(1) amended by 229/2018 r 6 s 15 amended by 229/2018 r 7 s 17 s 17(1) amended by 108/2022 r 8 Pt 3 deleted by 108/2022 r 9 Pt 4 Pt 4 Div 1 s 25 amended by 108/2022 r 10(1), (2) s 26 s 26(1) amended by 229/2018 r 8 Pt 4 Div 2 substituted by 108/2022 r 11 s 29 amended by 108/2022 r 12(1) s 29(1) amended by 108/2022 r 12(2) s 29(2) amended by 108/2022 r 12(3) s 29(4) amended by 108/2022 r 12(4) s 30 amended by 108/2022 r 13(1) s 30(1) amended by 108/2022 r 13(2), (3) s 30(2) amended by 108/2022 r 13(4) Pt 5 s 31 substituted by 229/2018 r 9 s 31A inserted by 229/2018 r 9 s 33 s 33(5) amended by 229/2018 r 10(1) s 33(8) amended by 108/2022 r 14 s 33(9A) inserted by 229/2018 r 10(2) s 34 s 34(2) and (3) substituted by 229/2018 r 11(1) s 34(4) amended by 229/2018 r 11(2) s 35 s 35(1) amended by 108/2022 r 15 s 38 s 38(1) amended by 229/2018 r 12(1), (2) s 39 amended by 170/2018 r 4 s 41 amended by 229/2018 r 13 Pt 6 s 49 s 49(1) amended by 229/2018 r 14(1) s 49(5) amended by 229/2018 r 14(2) s 51 s 51(2) amended by 229/2018 r 15 Pt 7 Pt 7 Div 1 s 52 s 52(2) amended by 33/2023 r 5 s 56 s 56(2) amended by 48/2018 r 4 amended by 58/2024 r 6 Pt 7 Div 2 s 57 s 57(2) amended by 33/2023 r 6 s 61 s 61(2) amended by 58/2024 r 7 Pt 7 Div 3 s 62 s 62(2) amended by 33/2023 r 7 s 64 s 64(2) amended by 58/2024 r 8 Pt 7 Div 4 s 65 s 65(1a) and (1b) inserted by 344/2017 r 5 s 65(2) amended by 33/2023 r 8 s 71 substituted by 344/2017 r 6 s 72 s 72(2) amended by 58/2024 r 9 Pt 7 Div 5 s 74 amended by 33/2023 r 9 s 76 s 76(2) amended by 58/2024 r 10 Pt 7 Div 6 s 77 s 77(1) amended by 229/2018 r 16 s 77A inserted by 136/2025 s 5 s 79 s 79(2) amended by 344/2017 r 7 s 83 s 83(1) amended by 229/2018 r 17 s 83A inserted by 33/2023 r 10 Pt 7 Div 6A inserted by 33/2023 r 11 Pt 7 Div 7 s 88 s 88(1) amended by 229/2018 r 18 s 92 s 92(2) amended by 229/2018 r 19 Pt 7 Div 8 Pt 7 Div 8 Subdiv 1 s 94 94(1) amended by 229/2018 r 20 Pt 7 Div 8 Subdiv 2 s 95 s 95(1) amended by 229/2018 r 21 Pt 7 Div 8 Subdiv 3 before deletion by 108/2022 s 96 s 96(1) amended by 229/2018 r 22 Pt 7 Div 8 Subdiv 3 deleted by 108/2022 r 16 Pt 7 Div 8 Subdiv 4 s 97 s 97(1) amended by 229/2018 r 23 Pt 7 Div 8 Subdiv 5 s 98 s 98(1) amended by 229/2018 r 24 Pt 7 Div 8 Subdiv 6 s 102 s 102(3) relevant section amended by 108/2022 r 17 s 103A inserted by 33/2023 r 12 Pt 7 Div 9 Pt 7 Div 9 Subdiv 1 inserted by 58/2024 r 11 s 107 s 107(1) amended by 229/2018 r 25 s 109 s 109(1) amended by 33/2023 r 13(1) s 109(1A) inserted by 33/2023 r 13(2) s 112 s 112(2) amended by 33/2023 r 14(1) s 112(3) amended by 33/2023 r 14(2) note amended by 33/2023 r 14(3) s 112(6) amended by 58/2024 r 12 Pt 7 Div 9 Subdiv 2 inserted by 58/2024 r 13 Pt 7 Div 10 s 113 s 113(1) amended by 168/2019 r 4(1) s 113(2) amended by 168/2019 r 4(2) s 113(3) amended by 229/2018 r 26(1), (2) s 115 s 115(1) amended by 168/2019 r 5(1) s 115(2) amended by 168/2019 r 5(2) s 115A inserted by 101/2023 r 5 s 116 s 116(1) amended by 168/2019 r 6(1) s 116(2) amended by 168/2019 r 6(2) s 117 s 117(3) amended by 168/2019 r 7 note amended by 33/2023 r 15 s 118 s 118(1) amended by 168/2019 r 8(1) s 118(2) amended by 344/2017 r 8 amended by 168/2019 r 8(2) note amended by 33/2023 r 16 s 119 s 119(3) amended by 168/2019 r 9 note amended by 33/2023 r 17 s 120A inserted by 68/2013 s 4 1.9.2014 deleted by 229/2018 r 27 s 121 s 121(1) amended by 168/2019 r 10 s 122 s 122(1) amended by 168/2019 r 11 s 123 s 123(1) amended by 168/2019 r 12 s 123A inserted by 62/2013 s 4 1.2.2014 s 123A(1) amended by 229/2018 r 28(1), (2) s 123A(2) midwife substituted by 229/2018 r 28(3) restricted birthing practice amended by 229/2018 r 28(4) Pt 7 Div 11 s 124 s 124(1) amended by 229/2018 r 29(1), (2) s 124(3) amended by 58/2024 r 14 s 125 s 125(1) amended by 229/2018 r 30 s 125(2) amended by 344/2017 r 9 s 125(6) substituted by 48/2018 r 5 s 125(6A) inserted by 48/2018 r 5 s 126 s 126(1) amended by 229/2018 r 31 substituted by 33/2023 r 18(1) s 126(3) amended by 344/2017 r 10 s 126(6) substituted by 48/2018 r 6 amended by 33/2023 r 18(2) s 126(6A) inserted by 48/2018 r 6 s 127 s 127(1) amended by 229/2018 r 32 substituted by 33/2023 r 19 s 127A inserted by 48/2018 r 7 s 127A(3) amended by 108/2022 r 18 s 129 s 129(2) amended by 229/2018 r 33 s 130 s 130(1) amended by 229/2018 r 34 s 130(2A) inserted by 33/2023 r 20(1) s 130(3) relevant event substituted by 33/2023 r 20(2) scheduled medicine offence inserted by 33/2023 r 20(2) s 131 s 131(1) amended by 229/2018 r 35 amended by 58/2024 r 15 ss 131A and 131B inserted by 58/2024 r 16(1) s 132 substituted by 170/2018 r 5 s 132(4) practice information substituted by 33/2023 r 21 s 133 s 133(1) amended by 108/2022 r 19 s 135 s 135(1) amended by 344/2017 r 11 s 136 s 136(1) amended by 108/2022 r 20 s 137 s 137(1) amended by 229/2018 r 36 Pt 8 Pt 8 Div 1 ss 138 and 139 substituted by 33/2023 r 22 ss 139A and 139B inserted by 33/2023 r 22 Pt 8 Div 2 s 140 notifiable conduct amended by 20/2020 r 4(1)—(5) s 141 s 141(2A) inserted by 20/2020 r 5 ss 141A—141C inserted by 20/2020 r 6 s 142 s 142(1) amended by 108/2022 r 21 s 143 s 143(3) amended by 229/2018 r 37 Pt 8 Div 5 s 148 s 148(1) amended by 229/2018 r 38 s 149 s 149(1) amended by 229/2018 r 39(1) s 149(3) amended by 229/2018 r 39(2) ss 149A and 149B inserted by 33/2023 r 23 s 150 s 150(5) amended by 229/2018 r 40(1) s 150(7) amended by 229/2018 r 40(2) s 150A inserted by 33/2023 r 24 s 151 s 151(1) amended by 344/2017 r 12(1) amended by 229/2018 r 41 amended by 33/2023 r 25(1) s 151(1A) inserted by 33/2023 r 25(2) Pt 8 Div 7 s 155 immediate action amended by 48/2018 r 8 s 156 s 156(1) amended by 48/2018 r 9 amended by 229/2018 r 42 amended by 108/2022 r 22 s 159A inserted by 170/2018 r 6 Pt 8 Div 7A inserted by 58/2024 r 17 Pt 8 Div 7B inserted by 33/2023 r 26 Pt 8 Div 8 s 160 s 160(1) amended by 229/2018 r 43 s 161 s 161(1) amended by 108/2022 r 23 s 167A inserted by 170/2018 r 7 Pt 8 Div 9 s 171 s 171(2) amended by 229/2018 r 44 s 174(2) amended by 58/2024 r 18 s 177A inserted by 170/2018 r 8 Pt 8 Div 10 s 178 s 178(1) amended by 229/2018 r 45 amended by 33/2023 r 27(1), (2) s 179 s 179(2) amended by 33/2023 r 28(1) s 179(3) deleted by 33/2023 r 28(2) s 180 substituted by 170/2018 r 9 s 180(1) amended by 33/2023 r 29 Pt 8 Div 11 s 181 s 181(1A) inserted by 48/2018 r 10 s 181(2) substituted by 229/2018 r 46(1) s 181(4) and (5) substituted by 229/2018 r 46(2) s 182 s 182(4) substituted by 229/2018 r 47 s 184 s 184(3)—(6) inserted by 48/2018 r 11 s 190 substituted by 33/2023 r 30 s 191 s 191(4A) inserted by 48/2018 r 12 ss 191A and 191B inserted by 48/2018 r 13 s 192 s 192(1) amended by 48/2018 r 14 s 192(4) substituted by 170/2018 r 10 Pt 8 Div 12 s 193 s 193(1) amended by 33/2023 r 31(1), (2) s 193(3) inserted by 33/2023 r 31(3) s 193A inserted by 33/2023 r 32 s 196 s 196(1) substituted by 229/2018 r 48 s 196(4) amended by 344/2017 r 13 amended by 108/2022 r 24(1), (2) amended by 33/2023 r 33 substituted by 101/2023 r 6 amended by 136/2025 s 6(1), (2) s 196A inserted by 344/2017 r 14 s 196A(1) amended by 168/2019 r 13 s 197 s 197(2) amended by 136/2025 s 7 Pt 8 Div 12A inserted by 136/2025 s 8 Pt 8 Div 13 s 199 s 199(1) amended by 48/2018 r 15 amended by 33/2023 r 34(1), (2) amended by 58/2024 r 19 s 200 amended by 33/2023 r 35 Pt 8 Div 14 s 206 s 206(1) amended by 170/2018 r 11(1) s 206(2) substituted by 170/2018 r 11(2) substituted by 33/2023 r 36 s 206(3) and (4) inserted by 33/2023 r 36 Pt 10 Pt 10 Div 1A s 212A inserted by 229/2018 r 49 Pt 10 Div 1 s 213 s 213(2) substituted by 229/2018 r 50(1) s 213(3) amended by 229/2018 r 50(2) Pt 10 Div 2 s 215 s 215(2) substituted by 229/2018 r 51(1) s 215(3) amended by 229/2018 r 51(2) s 217 s 217(2) amended by 229/2018 r 52 s 219 s 219(1) amended by 108/2022 r 25 Pt 10 Div 2 ss 220A and 220B inserted by 33/2023 r 37 Pt 10 Div 3 s 222 substituted by 229/2018 r 53 s 222(4) amended by 58/2024 r 20 s 223 amended by 229/2018 r 54(1), (2) amended by 58/2024 r 21 s 225 heading amended by 58/2024 r 22(1) amended by 58/2024 r 22(2) ss 225A and 225B inserted by 136/2025 s 9 s 226 s 226(1) amended by 229/2018 r 55(1) s 226(2) amended by 229/2018 r 55(2) amended by 58/2024 r 23(1) s 226(2A) inserted by 58/2024 r 23(2) s 226(3) amended by 229/2018 r 55(3) s 226(4) inserted by 58/2024 r 23(3) s 227 substituted by 229/2018 r 56 Pt 10 Div 5 s 232 s 232(1) amended by 229/2018 r 57 Pt 10 Div 6 s 233 s 233(1) amended by 229/2018 r 58 Pt 11 Pt 11 Div 1 s 235 s 235(2) amended by 229/2018 r 59 s 236 s 236(3) protected person (a) deleted by 108/2022 r 26(1) amended by 108/2022 r 26(2) ss 237A and 237B inserted by 136/2025 s 10 4.12.2025 Pt 11 Div 3 s 241A inserted by 168/2019 r 14 s 241A(1) amended by 58/2024 r 24(1) s 241A(2) amended by 58/2024 r 24(2) s 242 amended by 168/2019 r 15 Pt 11 Div 4 s 246 s 246(1) substituted by 344/2017 r 16 s 246(1a)—(1d) inserted by 344/2017 r 16 Pt 12 Pt 12 Div 11 s 284 s 284(5) National Board substituted by 229/2018 r 60(1) private midwifery amended by 229/2018 r 60(2) Pt 12 Div 16 deleted by 108/2022 r 27 Pt 13 Pt 13 Div 1 inserted by 344/2017 r 17 Pt 13 Div 2 inserted by 344/2017 r 18 ss 318 and 319 inserted by 48/2018 r 16 s 320 inserted by 229/2018 r 61 ss 322 and 323 inserted by 229/2018 r 62 Pt 14 inserted by 108/2022 r 28 Pt 15 inserted by 101/2023 r 7 Pt 16 inserted by 136/2025 s 11 4.12.2025 except ss 327 and 328—uncommenced Sch 1 deleted by 108/2022 r 29 Sch 2 substituted by 108/2022 r 30 cl 1 Chairperson amended by 108/2022 r 31(1) Committee deleted by 108/2022 r 31(2) member amended by 108/2022 r 31(3) cl 4 cl 4(1) amended by 108/2022 r 31(4) cl 4(2) amended by 229/2018 r 63 amended by 108/2022 r 31(5) cl 4(3) amended by 108/2022 r 31(6) cl 5 cl 5(1) amended by 108/2022 r 31(7) cl 5(2) amended by 108/2022 r 31(8) note amended by 108/2022 r 31(9) cl 7 cl 7(1) amended by 108/2022 r 31(10) cl 7(2) amended by 108/2022 r 31(11) cl 8 cl 8(1) amended by 108/2022 r 31(12) cl 8(2) amended by 108/2022 r 31(13) cl 8(3) amended by 108/2022 r 31(14) cl 8(4) amended by 108/2022 r 31(15) cl 8(5) amended by 108/2022 r 31(16) cl 9 amended by 108/2022 r 31(17) cl 10 amended by 108/2022 r 31(18) cl 11 amended by 108/2022 r 31(19) cl 12 cl 12(1) amended by 108/2022 r 31(20) cl 13 amended by 108/2022 r 31(21) cl 14 cl 14(1) amended by 108/2022 r 31(22) cl 14(2) amended by 108/2022 r 31(23) cl 14(3) amended by 108/2022 r 31(24) cl 15 amended by 108/2022 r 31(25) cl 16 amended by 108/2022 r 31(26) Sch 3 cl 1 cl 1(1) amended by 108/2022 r 32(1) cl 2 cl 2(1) amended by 108/2022 r 32(2) cl 2(2) amended by 108/2022 r 32(3) cl 3 amended by 108/2022 r 32(4) cl 4 cl 4(1) amended by 108/2022 r 32(5) cl 4(2) amended by 108/2022 r 32(6) Sch 4 cl 2 cl 2(1) cl 2 redesignated as cl 2(1) by 229/2018 r 64(1) cl 2(2) inserted by 229/2018 r 64(1) cl 4 cl 4(2) amended by 229/2018 r 64(2) cl 10 amended by 229/2018 r 64(3) cl 11 amended by 229/2018 r 64(4) Sch 5 cl 3 amended by 58/2024 r 25 Sch 6 cl 3 amended by 58/2024 r 26 cl 16 cl 16(1) substituted by 168/2019 r 16(1) cl 16(3) inserted by 168/2019 r 16(2) cl 17 cl 17(1) amended by 168/2019 r 16(3) cl 17(2) amended by 168/2019 r 16(4) Sch 7 cl 38 amended by 108/2022 r 33 Transitional etc provisions associated with Act or amendments Health Practitioner Regulation National Law (South Australia) (Miscellaneous) Amendment Act 2012, Sch 1—Transitional provision 1—Interpretation principal Act means the Health Practitioner Regulation National Law (South Australia) Act 2010. 2—Transitional provision The amendments effected to Part 4 of the principal Act by this Act do not affect a person's interest in a pharmacy business as it exists immediately before the commencement of this Schedule and the person may continue to hold any such interest until he or she disposes of the interest. Statutes Amendment (SACAT) Act 2019, Pt 16 112—Transitional provisions (1) A right of appeal to the District Court under the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court. (2) Nothing in subsection (1) affects any proceedings before the District Court commenced before the relevant day. (3) A right of appeal to the South Australian Health Practitioners Tribunal under section 199 of the Health Practitioner Regulation National Law (South Australia) in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the South Australian Health Practitioners Tribunal. (4) Any proceedings before the South Australian Health Practitioners Tribunal under the principal Act immediately before the relevant day will, subject to such directions as the President of the Tribunal thinks fit, be transferred to the Tribunal where they may proceed as if they had been commenced before that Tribunal. (5) The Tribunal may— (a) receive in evidence any transcript of evidence in proceedings before the South Australian Health Practitioners Tribunal, and draw any conclusions of fact from that evidence that appear proper; and (b) adopt any findings or determinations of the South Australian Health Practitioners Tribunal that may be relevant to proceedings before the Tribunal; and (c) adopt or make any decision (including a decision in the nature of a determination), direction or order in relation to proceedings before the South Australian Health Practitioners Tribunal before the relevant day (including so as to make a decision or determination, or a direction or order, in relation to proceedings fully heard before the relevant day); and (d) take other steps to promote or ensure the smoothest possible transition from 1 jurisdiction to another in connection with the operation of this section. (6) The South Australian Health Practitioners Tribunal is dissolved by force of this subsection. (7) Subject to subsection (8), a member of the South Australian Health Practitioners Tribunal holding office when subsection (6) comes into operation will cease to hold office at that time and any contract of employment, agreement or arrangement relating to the office held by that member is terminated by force of this subsection at the same time (but any such termination will not affect any right of action that a person may have against a Minister or the State on account of that termination). (8) A person who, immediately before the relevant day, held an appointment under section 10 of the principal Act (as in force immediately before the relevant day) will be taken to have been appointed as an assessor under section 22 of the South Australian Civil and Administrative Tribunal Act 2013 and will hold office as an assessor for the remainder of the term specified in the panel member's instrument of appointment under section 10. (9) In this section— principal Act means the Health Practitioner Regulation National Law (South Australia) Act 2010; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal. Historical versions 17.6.2013 1.2.2014 1.9.2014 13.9.2017 (electronic only)