Part 16AAccess to data held electronically

Part 16A—Access to data held electronically 74BN Interpretation 74BO Interaction with other Acts or laws 74BP Extraterritorial operation 74BQ Order not required if information or assistance provided voluntarily 74BR Order to provide information or assistance to access data held on computer etc 74BS Application for order 74BT Order required in urgent circumstances 74BU Criminal Intelligence 74BV Service of order 74BW Effect and operation of order 74BX Impeding investigation by interfering with data 74BY Reporting 74BZ Review of Part Part 17—Recording of interviews Division 1—Interpretation 74C Interpretation Division 2—Recording interviews with suspects 74D Obligation to record interviews with suspects 74E Admissibility of evidence of interview Division 3—Recording interviews with certain vulnerable witnesses 74EA Application and interpretation 74EB Obligation to record interviews with certain vulnerable witnesses 74EC Admissibility of evidence of interview Division 4—Miscellaneous 74F Prohibition on playing recordings of interviews 74G Non-derogation 74H Regulations Part 18—Arrest 75 Power of arrest 76 Arrest by owner of property etc 77 Arrest of persons pawning or selling stolen goods 78 Person apprehended without warrant—how dealt with 78A Power of arrest in cases of certain offences committed outside the State 79 Arrest without warrant if warrant has been issued 79A Rights on arrest 79B Removal and storage of vehicle in case of arrest of driver 80 Power of entry and search in relation to fires and other emergencies 81 Power to search, examine and take particulars of persons 82 General powers, privileges, duties etc of police 82A Prohibition on use of spit hoods Part 19—Right to an interpreter 83A Right to an interpreter Part 20—Miscellaneous 83B Dangerous areas 83BA Overcrowding at public venues 83C Special powers of entry 83D High Risk Missing Person Warrant 85 Regulations Schedule 1—General search warrant Schedule 2—Exempt persons—prohibited weapons 1 Interpretation 2 Application of Schedule Part 2—Exemptions 3 Police officers 4 Delivery to police 5 Emergencies 6 Business purposes 7 Religious purposes 8 Entertainment 9 Sport and recreation 10 Ceremonies 11 Museums and art galleries 12 Executors etc 13 Heirlooms 14 Collectors 15 Prescribed services organisations (RSL etc) 16 Possession by collector on behalf of prescribed services organisation or another collector 17 Manufacturers etc 18 Possession by manufacturer etc on behalf of prescribed services organisation or another collector 19 Prescribed weapons—security agents 20 Prescribed weapons—members of Scottish associations 21 Prescribed weapons—lodges of Freemasons etc 22 Prescribed weapons—astronomical purposes 23 Prescribed weapons—food preparation 24 Prescribed weapons—NSW fisheries officers Legislative history The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the Summary Offences Act 1953. 4—Interpretation (1) In this Act, unless the contrary intention appears— the Commissioner means the Commissioner of Police or the person for the time being acting in the office of Commissioner of Police; declared public precinct—see section 66N(1); declared public precinct period means a period during which, in accordance with a declaration under section 66N(1), an area is a declared public precinct; major offence means— (a) an offence attracting a penalty or maximum penalty of life imprisonment or imprisonment for at least seven years; or (b) an offence against section 86A(1) of the Criminal Law Consolidation Act 1935; minor means a person under the age of 18 years; motor vehicle has the same meaning as in the Motor Vehicles Act 1959; primary production activities—the following are primary production activities: (a) agricultural, pastoral, horticultural, viticultural, forestry or apicultural activities; (b) poultry farming, dairy farming or any business that consists of the cultivation of soils, the gathering of crops or the rearing or processing of livestock; (c) commercial fishing, aquaculture or the propagation or harvesting of fish or other aquatic organisms for the purposes of aquaculture; (d) an activity prescribed by regulation; prostitute includes any male person who prostitutes his body for fee or reward; public place includes— (a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and (b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and (c) a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property; public venue means a place where members of the public are gathered for an entertainment or an event or activity of any kind, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic, but does not include a church or place of public worship; senior police officer means a police officer of or above the rank of inspector; serious and organised crime offence has the same meaning as in the Criminal Law Consolidation Act 1935; telephone includes any telecommunication device for the transmission of speech; to tattoo means to insert into or through the skin any colouring material designed to leave a permanent mark. (2) In proceedings for an offence in which the court is authorised by this Act to award damages or compensation, or to order the forfeiture of property or the doing of any act, the award or order may be made in addition to the penalty (if any) imposed by the court. 5—Proof of lawful authority and other matters Subject to any provision to the contrary, where this Act provides that an act done without lawful authority, without reasonable cause, without reasonable excuse, without lawful excuse or without consent constitutes an offence, the prosecution need not prove the absence of lawful authority, reasonable cause, reasonable excuse, lawful excuse or consent, and the onus is upon the defendant to prove any such authority, cause, excuse or consent upon which he or she relies.