Part 15Miscellaneous

Part 15—Miscellaneous 88—Form of oath or affirmation (1) For the purposes of sections 25 and 60 of the Act, the form of the oath or affirmation to be made by a member of SA Police or a special constable on appointment is as set out in Schedule 3. (2) An oath or affirmation in the form specified in Schedule 3 may be made before a Justice of the Peace of this State or of another State or a Territory of the Commonwealth. 89—Annual report The Commissioner must, in his or her annual report to the Minister under section 75 of the Act, report on— (a) the current state of SA Police, including its numbers, components, distribution and operational efficiency; and (b) the operations of SA Police; and (c) the offences reported in the State since the previous annual report; and (d) the formation and closure of police stations and offices; and (e) any other matter relevant to SA Police and its operations on which the Commissioner wishes to report or on which the Minister requires a report. 89A—Terrorism intelligence (1) In accordance with section 74B(1) of the Act, each of the following authorities is designated as a terrorism intelligence authority: (a) SA Police; (b) the Police Force of the Northern Territory of Australia; (c) Victoria Police; (d) the Commissioner under the Corrections Act 1986 of Victoria. (2) In accordance with section 74B(2) of the Act, information may be classified by SA Police as terrorism intelligence in accordance with the following procedures: (a) information that is being considered for classification as terrorism intelligence must be assessed by a member of SA Police in accordance with guidelines established by the Commissioner; (b) the Commissioner may classify information that has been so assessed as terrorism intelligence; (c) the Commissioner may not delegate the function of classifying information as terrorism intelligence except to a Deputy Commissioner or Assistant Commissioner of Police. (3) The Commissioner must ensure that records are kept in relation to the use of terrorism intelligence. (4) The Commissioner must ensure that records referred to in subregulation (3) would enable the following information to be determined for each period of 12 months ending on 30 June: (a) the number of matters in relation to which terrorism intelligence was used during the period; (b) the number of individual pieces of terrorism intelligence used in relation to each such matter; (c) the relevant statutory provision for each such matter. (5) The Commissioner must ensure that all relevant provisions of Department of the Premier and Cabinet Circular PC030 - Protective Security Policy Framework (or any Department of the Premier and Cabinet Circular issued in substitution for that Circular) are complied with in relation to terrorism intelligence (including in relation to the records referred to in subregulation (3)). (6) For the purposes of paragraph (e) of the definition of terrorist offence in section 74B(12) of the Act, the following kinds of offences against the laws of South Australia are prescribed: (a) an offence against section 83CA of the Criminal Law Consolidation Act 1935; (b) any offence against Part 3D of the Criminal Law Consolidation Act 1935; (c) an offence against section 37 of the Summary Offences Act 1953. (7) For the purposes of paragraph (e) of the definition of terrorist offence in section 3(1) of the Act, the following kinds of offences against the laws of other States and Territories of the Commonwealth are prescribed: (a) an offence against section 310J of the Crimes Act 1900 of New South Wales; (b) the following offences against Schedule 1 of the Criminal Code Act 1983 of the Northern Territory: (i) an offence against section 51 where the unlawful organisation to which the offence relates is a terrorist organisation; (ii) an offence against section 53 where the unlawful organisation to which the offence relates is a terrorist organisation; (iii) an offence against section 54; (iv) an offence against section 55; (c) an offence against section 4B of the Terrorism (Community Protection) Act 2003 of Victoria. (8) In this regulation— terrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code. 90—Remuneration on suspension, revocation of suspension (1) If a person's appointment is suspended by the Commissioner under the Act and remuneration is to be provided to the person while on suspension, the Commissioner must determine the manner in which the remuneration is to be calculated. 91—Transport costs on transfer (1) Subject to this regulation and any general or special order of the Commissioner, if a member of SA Police is transferred to another position in SA Police and is reasonably required to change his or her place of residence as a consequence of that transfer, the reasonable transportation costs of the member in connection with that change of residence (provided that the transportation is undertaken in a manner approved by the Commissioner) are payable by the South Australian Police Department. (2) Subregulation (1) does not apply to a member's transportation costs if the transfer is effected— (a) at the member's request; or (b) in consequence of fault on the part of the member, but the Commissioner may order that part or all of those costs be paid by the department. 92—Liability for loss of equipment An employee to whom equipment is issued is responsible for that equipment and is liable for any loss of or damage to the equipment incurred as a result of his or her negligence. 93—Offence for former employees in the department to use or disclose information (1) A person who has been an employee in the department must not, after he or she ceases to be an employee in the department, use or disclose information gained by virtue of that employment if the use or disclosure of the information would constitute an offence or breach of the Code assuming that the person were still an employee in the department. Maximum penalty: $1 250. (2) It is a defence to a charge of an offence against subregulation (1) if the person charged proves that he or she had lawful authority or excuse to so use or disclose the information.