History Trust of South Australia Regulations 2022

The regulations introduce several key concepts that define the scope of obligations and exemptions on Trust premises. “Premises” is defined broadly to include land and a part of premises, so the rules apply to both buildings and outdoor areas. “Officially designated” is central: an area is taken to be designated for a purpose (or for permission, prohibition, or regulation of an activity) if an official sign is displayed in or near the area. This means that the existence of a prohibition or permission is fact-dependent and sign-based. The visitor must look for signs; there is no implied default other than what the regulations state directly. “Assistance animal” is defined by two alternative routes: accreditation under the Dog and Cat Management Act 1995 as an assistance dog, or being an assistance animal under the Commonwealth Disability Discrimination Act 1992. This dual definition ensures that the exemption for persons with disabilities covers both state-accredited dogs and those recognised under federal law. “Smoke” adopts the definition from the Tobacco and E-Cigarette Products Act 1997, so it includes e-cigarettes and vaping products. “Vehicle” picks up the definition from the Road Traffic Act 1961, which is broad and includes bicycles, motorcycles, cars, and other conveyances. “Park” includes “stand”, so stopping a vehicle momentarily may be captured. The regulations also create the concept of an “authorised officer” (though not defined here; that definition would be in the parent Act or by delegation). The “Acting with approval” provision (regulation 4) is crucial: it allows the Trust or an authorised officer to grant written or oral approval (subject to conditions, including fees) to do anything that would otherwise be prohibited. This approval can be varied or revoked at any time, and any breach of a condition is an offence ($200 penalty). This gives the Trust very broad discretion to waive restrictions on a case-by-case basis. The expiation fee system allows for on-the-spot penalty notices, which means that minor breaches can be resolved without court proceedings. The regulations also define “due warning” in the context of entry, but the term is not defined in the regulations; it will be a question of fact whether a warning was given and whether it was sufficient. Overall, the concepts are relatively straightforward, but the heavy reliance on signs and officer discretion creates significant interpretative and compliance challenges for users.

The regulations affect a wide range of persons, but the primary group is visitors and users of History Trust premises. This includes individual members of the public accessing museums, historic houses, heritage sites, and associated grounds for education, recreation, or tourism. Children under 12 are specifically affected by regulation 5(2), which prohibits them from entering or remaining on premises unless in the care or supervision of an adult, except in officially designated food and beverage areas. Persons with disabilities are affected by the animal regulation: they are allowed to bring an assistance animal onto premises, but only if the animal is under effective control by physical restraint. The animal must be an assistance animal as defined by state or federal law. Those who wish to photograph exhibits for anything beyond personal use, or who want to use a tripod or flash, are directly affected by regulation 7, which generally prohibits photography, copying, or reproduction of exhibits except for personal use with a hand-held camera and without flash or tripod. Commercial photographers, artists, researchers, or media would need approval or would be prevented from using Trust property without permission. Persons involved in selling, distributing printed matter, erecting structures, displaying signs, taking collections, or holding demonstrations, rallies, or meetings that are not otherwise lawful are prohibited unless approved. This could affect vendors, political campaigners, religious groups, or activists. Drivers and riders of vehicles are affected by Part 3, which imposes traffic rules and parking restrictions. Disabled persons with parking permits are given designated parking areas. Those holding other classes of permits (if designated) are also affected. The Trust itself, employees, volunteers, and authorised officers are affected by duties: they must enforce the regulations, handle confiscated property, and exercise discretion in giving approvals. The regulations also affect owners of animals who enter premises in contravention: an authorised officer may remove the animal if the owner cannot be found after reasonable attempts. There is no explicit compensation provision for confiscated property but there is a duty to endeavour to return it. Finally, the regulations indirectly affect the legal representatives of persons who breach the rules, as offences are strict liability in many respects, and the expiation fee system imposes a financial burden without the need for prosecution.

The regulations impose a clear set of duties on persons on Trust premises. Regulation 5(1) creates a duty not to enter or remain on premises not open to the public after due warning, and not to remain after closing time. Regulation 5(2) imposes a duty on adults to ensure children under 12 are supervised except in designated food and beverage areas. Regulation 6 creates a broad set of behavioural duties: not to behave disorderly or offensively, not to use abusive language, not to eat, drink, or smoke except in designated areas, not to deposit litter except in receptacles, not to touch or interfere with exhibits, deface property, climb on structures, light fires, distribute printed matter, erect structures, display signs, sell items, take collections, or hold rallies or demonstrations that are not otherwise lawful. Regulation 7 imposes a duty not to photograph, copy, or reproduce exhibits except for personal use with a hand-held camera and without flash or tripod, and then only if the exhibit is not in an area designated as photography-prohibited. Regulation 8(1) imposes a duty not to bring animals onto premises, with an exception for assistance animals (subject to effective control). Regulation 9 imposes a duty, on request by an authorised officer or employee, to leave any articles in a designated area. Part 3 imposes duties on drivers to comply with traffic signs, not to drive in restricted areas, not to cause undue noise, not to drive dangerously or without consideration, and to park only in designated areas and comply with conditions (including disabled parking permits). Regulation 4(3) imposes a duty on any person given approval to comply with any conditions.

In terms of rights, the regulations confer a right to be on the premises as long as the rules are followed. They confer a right to photograph for personal use under the conditions in regulation 7. They confer a right to be accompanied by an assistance animal if disabled. They confer a right to seek an approval from the Trust or an authorised officer to do something otherwise prohibited (regulation 4). They also confer a right to have confiscated or surrendered property returned when the person leaves the premises, unless the property is needed for legal proceedings (regulation 12). The right is qualified: the Trust may retain evidence. There is no explicit right to a hearing or to appeal the revocation of an approval. Visitors have no right to enter premises not open to the public, or to remain after closing time. The overall structure of the regulations is prohibitory, and rights are essentially the residuum of what is not prohibited or what is permitted by approval or designation.

The regulations establish a penalty grid with maximum fines and expiation fees for each offence. The highest maximum penalty is $500 for offences such as entering or remaining after due warning, disorderly conduct, bringing an animal onto premises, and driving offences. The expiation fee for those is $100. Photography and reproduction violations carry a maximum penalty of $300 with an expiation fee of $75. The same applies to failing to leave articles in a designated area on request. Parking offences carry a lower maximum of $220 and an expiation fee of $55. Breach of a condition of an approval carries a maximum of $200 with no expiation fee listed. These penalties are relatively modest but are state-imposed and enforceable through the criminal justice system or by way of expiation notices. The expiation fee system means that a person can avoid prosecution by paying the prescribed fee within the required time. If not paid, the matter may proceed to court.

Enforcement is primarily through “authorised officers” (likely employees or contractors of the Trust who have been delegated enforcement powers under the parent Act). They have the power to issue expiation notices, to give directions, to request that articles be left in designated areas, to remove animals that have entered in contravention (regulation 8(3)), and to confiscate property. The confiscation power appears to arise under the Act or the regulations: regulation 12 refers to “anything that was surrendered by or confiscated from the person under the Act or these regulations”. The regulations do not themselves specify when confiscation may occur, but it is implied in the enforcement context (e.g., if a person brings a prohibited item). The Trust must endeavour to return confiscated or surrendered property when the person leaves, but may retain it for legal proceedings if it reasonably believes it constitutes evidence of an offence. There is no express power to retain property beyond that purpose, nor a mechanism to challenge retention. The regulations do not provide for a review or appeal from decisions of authorised officers or the Trust, aside from general avenues of judicial review. There is also no provision for compensation for property damaged or lost during enforcement. Overall, the enforcement scheme relies on the discretion of officers, and the limited penalty amounts suggest that the Trust is not seeking punitive deterrence so much as maintaining order through low-cost fines and removal of persons or property.

The regulations do not operate in a vacuum. They are made under the History Trust of South Australia Act 1981, which is the primary legislation that establishes the History Trust and gives it powers to manage its property. The regulations must be read in conjunction with that Act. They also cross-reference several other statutes. The definition of “assistance animal” draws on the Dog and Cat Management Act 1995 (for assistance dogs accredited under that Act) and the Disability Discrimination Act 1992 (Cth) (for assistance animals recognised under federal law). This means that a person with a disability who has an assistance animal that qualifies under either law is protected from the general ban on animals. However, the regulation also requires that the animal be “under the person’s effective control by means of physical restraint” as defined by the Dog and Cat Management Act. That state Act may impose additional requirements, such as the animal wearing a harness or being accredited. The interplay between state and federal definitions could create complexity if, for example, a federal assistance animal is not accredited under the state dog management scheme; the regulation uses “or”, so federal recognition is sufficient. The definition of “smoke” adopts the meaning from the Tobacco and E-Cigarette Products Act 1997, which covers cigarettes, cigars, pipes, and e-cigarettes. Thus, the prohibition on smoking in non-designated areas extends to vaping. The definition of “vehicle” comes from the Road Traffic Act 1961, which includes bicycles, scooters, skateboards, and motor vehicles. That means that the driving and parking rules apply to all these conveyances. The Road Traffic Act may also have its own enforcement mechanisms, but the Trust regulations create separate offences for conduct on Trust premises. There could be potential double jeopardy issues, though unlikely. The parent Act may contain additional powers regarding entry, removal, and confiscation that are not detailed in the regulations. The regulations themselves do not create a right of appeal; that would be governed by the parent Act or general administrative law principles. The 2022 regulations repeal and replace the 2010 regulations, so any previous case law or guidance under the 2010 regulations may be relevant but not directly binding. The transitional provisions ensure that existing approvals continue. The regulations also interact with general criminal law: assault, theft, damage to property, and trespass are covered by other laws, but the Trust regulations create specific offences that do not displace those general laws. A person could be charged under both if the conduct overlaps. Practitioners should also consider the potential application of the South Australian Expiation of Offences Act 1996, which governs the expiation notice system.

The History Trust of South Australia Regulations 2022 were made on 21 July 2022, commenced on that date, and are published in the South Australian Government Gazette (No. 56, page 2294). They are the principal regulations currently in force under the History Trust of South Australia Act 1981. They repeal and replace the History Trust of South Australia Regulations 2010 in their entirety. The transitional provisions (Schedule 1, Part 2) provide that approvals granted under regulation 4 of the repealed regulations that were in force immediately before the commencement of the 2022 regulations continue in effect under the new regulation 4, for the remainder of their term and subject to the same conditions. This is a legislative preservation to avoid disruption to approved activities. There is no indication of any subsequent amendments to the 2022 regulations as of the knowledge cutoff. The Legislative History note refers the reader to the Index of South Australian Statutes or www.legislation.sa.gov.au for further information. The regulations have not been the subject of any amendment history ripple; they are relatively new and not frequently amended. For practitioners, it is important to check whether any amendments have occurred since 2022, particularly if there have been changes to referenced Acts (e.g., the Dog and Cat Management Act or the Tobacco and E-Cigarette Products Act). The regulations themselves are short and stable; the main amendment risk is if the Trust’s property portfolio changes or if policy on photography or animals shifts. The 2010 regulations had a 12-year life, so these 2022 regulations may last a similar period before replacement. The repeal and transitional provisions are standard.

The regulations have no publicly recorded litigation history as of the time of writing. No cases interpreting or applying the History Trust of South Australia Regulations 2022 (or the repealed 2010 regulations) are cited in the source or are widely reported. This is not surprising given the specialised and low-value nature of the offences. Most contraventions are dealt with by expiation notices, which rarely reach court. If they do, they would be heard in the Magistrates Court. Potential areas for future litigation could include: the meaning of “due warning” under regulation 5(1); whether an area is “officially designated” when a sign is ambiguous, missing, or not in plain English; whether a particular animal qualifies as an assistance animal under the dual definition, especially if the animal is not a dog or is not accredited; whether an authorised officer acted reasonably in confiscating property or removing an animal; whether conditions imposed on an approval were reasonable; and whether the Trust’s refusal to return confiscated property (beyond legal proceedings) is lawful. There may be administrative law challenges to decisions of the Trust or authorised officers, such as revoking an approval or imposing a condition with a fee. The regulations do not provide a statutory right of review, so recourse would be to the South Australian Ombudsman or to judicial review under the common law. The lack of litigation history suggests either that compliance is high, enforcement is lenient, or disputes are settled without court. For journalists or researchers, this absence of case law means that the regulations have not been tested on difficult points. The parent Act may have its own litigation history, but the regulations themselves remain untested. Anyone considering a challenge should be aware that the law is relatively fresh, and no precedent exists to guide interpretation.

Several provisions in these regulations carry traps for the unwary. First, regulation 4 gives the Trust or an authorised officer the power to give or revoke approval at any time, without notice. A person who spends time and money preparing an approved activity (e.g., a commercial photography shoot or a special event) could have the approval revoked without compensation. There is no right to a hearing or to reasons. Second, the approval can be subject to conditions including a fee, and the fee is not capped or specified; the Trust could impose a substantial fee for a simple request. Third, the expiation fee system means that an officer can issue an on-the-spot fine for offences such as eating in a non-designated area or touching an exhibit, without the person having an immediate opportunity to contest the facts. The $100 or $75 fees, while modest, can accumulate for a group. Fourth, the photography exception (regulation 7) is narrow: “personal use” only, and any use of a tripod or flash is prohibited. This catches tourists with selfie sticks, stabilisers, or phone flashes. Commercial photographers, journalists, or researchers must seek approval, and without it, they commit an offence. Fifth, the regulation does not define “exhibit” - it could include any item on display, including interpretive signs, loan items, or even the building itself. Sixth, the definition of “assistance animal” requires the animal to be under effective control by physical restraint (e.g., on a lead or harness). A person whose assistance animal is not physically restrained (e.g., a guide dog off-lead in a safe environment) may still be in breach. Seventh, the prohibition on “rallies, demonstration or other meeting that is not otherwise lawful” (regulation 6(n)) is vague and could be used to restrict peaceful protest even if it is lawful under other laws, because “not otherwise lawful” may be interpreted as “not lawful under any other Act” - a protest that is lawful under common law or the Constitution might still be prohibited on Trust premises if it is not specifically authorised by another statute. Eighth, children under 12 must be in the care of an adult except in designated food areas. This applies even to large groups such as school tours; if a teacher or supervisor is not present with each child, there is a breach. Ninth, an authorised officer may remove an animal that enters in contravention if the owner cannot be located after reasonable attempts - but the regulation does not specify what happens to the animal (e.g., taken to a pound, released, or destroyed). Tenth, confiscated or surrendered property must be returned when the person leaves, but the Trust may retain it if it is evidence of an offence. There is no time limit on that retention, and no mechanism to compel its return after proceedings conclude. Finally, the “officially designated” concept relies on signs. A sign may be small, hidden, or ambiguous. The visitor bears the risk of being penalised for not noticing a sign. These gotchas make the regulations a trap for the uninformed visitor, and practitioners should advise clients to seek written approval before any non-routine activity.

Compliance with the History Trust of South Australia Regulations 2022 is, on the surface, straightforward: follow the signs, behave courteously, do not touch exhibits, and keep children supervised. However, there are practical steps for different stakeholders. For individual visitors: before entering Trust premises, look for official signs at entrances, car parks, and within the buildings. Check whether the area you are in is designated for eating, drinking, or smoking. Do not bring animals unless you have an assistance animal that meets the definition and is under physical restraint. If you intend to take photographs, use only a hand-held camera without flash or tripod and only for personal (non-commercial, non-publication) purposes. If you plan to sell items, distribute materials, erect structures, hold a rally, or do anything that might be caught by regulation 6, apply in writing to the Trust for approval under regulation 4 well in advance. Ensure that any approval is in writing and states the conditions clearly; if given orally, request written confirmation as soon as possible. Comply strictly with all conditions, including payment of any fee. If you are a driver, park only in designated areas and obey all traffic signs. If you hold a disabled parking permit, display it lawfully. Keep children under 12 under your direct supervision at all times unless you are in a designated food area.

For the Trust and its authorised officers: ensure that “officially designated” areas are clearly marked with official signs that are visible, legible, and unambiguous. Consider providing a map or list of designations at the entrance. Train staff and volunteers on the regulations so they can give consistent directions and requests. When requesting that an article be left in a designated area, do so politely and ensure the area is indeed designated. When confiscating property, document the item, give the person a receipt if possible, and follow regulation 12 by endeavouring to return it upon departure. If the item is evidence of an offence, label and store it securely and preserve it for the duration of any legal proceedings. For animal removal, document the attempts to locate the owner and decide on an appropriate facility for the animal. For approvals, maintain a register of applications, approvals, conditions, and any variations or revocations. Avoid imposing conditions that are unreasonable or disproportionate to the activity. Ensure that any fee is justified and not prohibitive. Consider providing a standard form for approval applications to reduce administrative burden. Finally, monitor premises for compliance and, where appropriate, educate visitors before issuing expiation notices. The goal should be voluntary compliance, not revenue collection. For commercial users, including photographers, event organizers, and tour operators, a formal compliance program should include written agreements with the Trust, clear risk assessments, and insurance where required. The regulations do not mandate insurance, but the Trust may require it as a condition of approval. For legal practitioners advising clients, the key is to identify whether the proposed activity is prohibited by the regulations, and if so, to seek written approval with clear terms and a mechanism for variation or renewal. Also, be aware of the limitations of the assistance animal exemption and the narrow photography exception. When advising on parking, note that “park” includes standing, so even a momentary stop in a non-designated area may be an offence. For journalists covering events on Trust premises, get prior written permission to film or photograph, as the general prohibition on photography will apply unless the Trust has a media policy. Overall, compliance is inexpensive and straightforward for ordinary visitors, but becomes complex and approval-dependent for any activity that conflicts with the broad prohibitions in regulation 6.