Part 20Miscellaneous

Part 20—Miscellaneous 83B—Dangerous areas (1) Where a senior police officer believes on reasonable grounds that it would be unsafe for members of the public to enter a particular area, locality or place because of conditions temporarily prevailing there, the officer may declare the area, locality or place to be dangerous. (2) A declaration under this section— (a) comes into force when it is made but should be broadcast as soon as practicable after that time by public radio or published in any other manner the senior police officer thinks appropriate in the circumstances of the case; and (b) remains in force for a period (not exceeding 2 days) stated in the declaration. (3) Where a declaration is in force under this section, a police officer may— (a) warn any person apparently proceeding towards, or in the vicinity of, the dangerous area, locality or place against entering it; and (b) require or signal the driver of a motor vehicle to stop so that such a warning may be given to the occupants of the vehicle. (4) A warning under this section lapses— (a) when the relevant declaration expires; or (b) at some earlier time specified by a senior police officer. (5) A person who— (a) enters a dangerous area, locality or place contrary to a warning under this section; or (b) fails, without reasonable excuse, to stop a vehicle when required or signalled to do so under this section, (6) Subsection (5)(a) does not apply to— (a) a person if it is reasonably necessary for the person to enter the area, locality or place in order to protect life or property; or (b) a representative of the news media, unless the police officer who gave the warning believes on reasonable grounds that the entry of the representative into the area, locality or place would give rise to a risk of death or injury to any person other than the representative and advises the representative accordingly. (7) If— (a) a person enters a dangerous area, locality or place contrary to a warning under this section; and (b) the person is found guilty of an offence against subsection (5)(a), the person is liable to compensate the Crown for the costs of operations reasonably carried out for the purpose of finding or rescuing that person. (8) In civil or criminal proceedings under this section, a certificate apparently signed by a senior police officer stating— (a) that a declaration was made under this section in relation to a particular area, locality or place; and (b) that the declaration was in force for a specified period; and (c) the grounds on which the declaration was made, will be accepted, in the absence of proof to the contrary, as proof of the matters stated in the certificate. (9) The Commissioner must, as soon as practicable after each successive period of three months following the commencement of this section, submit a report to the Minister in relation to that period stating— (a) the number of declarations made under this section during that period; (b) in relation to each declaration made during that period— (i) the area, locality or place in relation to which the declaration was made; (ii) the period for which the declaration was in force; (iii) the grounds on which the declaration was made; (c) any other matters the Commissioner considers relevant. (10) The Minister must cause copies of a report under subsection (9) to be laid before both Houses of Parliament within seven sitting days after receipt of the report if Parliament is in session, or if Parliament is not then in session, within seven sitting days after the commencement of the next session of Parliament. (11) A declaration may not be made under this section in relation to circumstances arising in an emergency for which a declaration under the Emergency Management Act 2004 or Part 11 of the South Australian Public Health Act 2011 is in force. 83BA—Overcrowding at public venues (1) A police officer may enter and inspect a public venue to determine whether there is overcrowding such that there is serious risk of injury or damage. (2) Where a senior police officer forms the opinion that there is serious risk of injury or damage due to overcrowding at a public venue, the officer may do one or more of the following: (a) order persons to leave the place immediately; (b) order the occupier of the place immediately to remove persons from the place; (c) order the occupier of the place to take other specified action to rectify the situation immediately or within a specified period; (d) if an order under paragraph (a), (b) or (c) is not obeyed, take action to carry out the order; (e) if satisfied that the safety of persons cannot reasonably be ensured by other means, order the occupier of the place to close the place immediately and for such period as the officer considers necessary (but not exceeding 12 hours) for the alleviation of the danger; (f) if a closure order under paragraph (e) cannot for any reason be given to the occupier, or if a closure order, having been given to the occupier, is not immediately obeyed, take action to close the place for such period as the officer considers necessary (but not exceeding 12 hours) for the alleviation of the danger. (3) An order under this section may be given orally or by notice in writing served on the occupier of the place. (4) If a closure order under this section is given orally, the officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the place. (5) If a person given an order under this section refuses or fails to obey the order, the person is guilty of an offence. (6) When a senior police officer is satisfied that the danger has been alleviated, he or she may rescind an order under this section. (7) A senior police officer may authorise another police officer to exercise all or any of the powers conferred by subsection (2) if satisfied (whether on the basis or his or her own observations or the report of another police officer) that urgent action is required. (8) A police officer may use such force to enter a place, or to take other action under this section, as is reasonably necessary for the purpose. (9) The Commissioner must include in the Commissioner's annual report to the Minister to whom the administration of the Police Act 1998 is for the time being committed a record of the authorisations issued under subsection (7) during the period to which the report relates. 83C—Special powers of entry (1) Where a senior police officer suspects on reasonable grounds— (a) that an occupant of premises has died and his or her body is in the premises; or (b) that an occupant of premises is in need of medical or other assistance, the officer may authorise a police officer to enter the premises for the purpose of investigating the matter and taking such action as the circumstances of the case may require. (1a) Where a senior police officer suspects on reasonable grounds that— (a) a high risk missing person; or (b) information that may assist in locating a high risk missing person, may be in or on specified premises, a specified vehicle or vessel, or other specified place, the officer may authorise a police officer to enter the premises, vehicle, vessel or place for the purpose of investigating the matter and taking such action as the circumstances of the case may require. (2) An authorisation under subsection (1) or (1a) must be in writing unless the authorising officer has reason to believe that in the circumstances urgent action is required, in which case, the authorisation may be given orally. (2a) An authorisation under subsection (1a) remains in force— (a) for a period of 48 hours; or (b) until the high risk missing person is located; or (c) the authorisation is revoked by a senior police officer, whichever is the sooner. (3) Where a person has died and the Commissioner considers it necessary or desirable to do so, the Commissioner may issue to a police officer a warrant in the prescribed form authorising the officer to enter the premises in which the person last resided before death and— (a) search the premises for material that might identify or assist in identifying the deceased or relatives of the deceased; (b) take property of the deceased into safe custody. (4) A police officer may, if necessary, exercise reasonable force for the purpose of obtaining entry to premises, a vehicle or vessel, or other place, or carrying out a search or investigation, under this section. (4a) A police officer may, in exercising powers under subsection (1a), be assisted by such persons as the officer considers necessary or desirable in the circumstances (provided that a person who is not a police officer may only provide assistance at the direction of a police officer). (4b) A police officer may, in exercising powers under subsection (1a), take and use electricity for that purpose. (5) The Commissioner is responsible for ensuring that a proper record is kept of property taken under this section and must, if satisfied that a person has a proper interest in the matter, allow that person to inspect the record. (6) The Commissioner must, as soon as practicable (but not later than three months) after each 30 June, submit a report to the Minister in relation to the year ended on that 30 June stating— (a) the number of authorisations and warrants granted under this section during that year; (b) the nature of the grounds on which the authorisations and warrants were granted; (c) the type of property taken from premises pursuant to warrant under this section; (d) any other matters the Commissioner considers relevant. (7) The Minister must cause copies of a report under subsection (6) to be laid before both Houses of Parliament within seven sitting days after receipt of the report if Parliament is in session, or if Parliament is not then in session, within seven sitting days after the commencement of the next session of Parliament. (8) In determining whether a missing person may suffer serious harm, a police officer may have regard to any of the following matters: (a) the person's age; (b) any disability of the person attributable to a cognitive, intellectual, neurological, physical or psychiatric impairment; (c) evidence the person may commit suicide; (d) the person's ability to interact safely with other persons or in an unfamiliar environment; (e) the person's need for medication; (f) an addiction the person may have; (g) the person's recent behaviour that is out of character for the person; (h) whether the person is suspected of being the victim of a crime; (i) any history of domestic violence or other relationship problems affecting the person; (j) any ongoing bullying or harassment of the person; (k) a previous disappearance or exposure to serious harm that affected the person; (l) whether the person is experiencing any financial problems; (m) a reason why the person may wish to go missing; (n) if the person is suspected of being lost within a particular area, the climate or other environmental factors relevant to the area; (o) any suspicious circumstances relating to the person's disappearance. high risk missing person means a missing person in relation to whom 1 or both of the following applies: (a) the missing person is under 14 years of age; or (b) a police officer reasonably suspects that the missing person may suffer serious harm if not located quickly; missing person means a person who is reported missing to police and where— (a) their whereabouts are unknown; and (b) there are concerns for their safety and welfare, (whether the person was reported missing, or the concerns for the safety and welfare arose, before or after the commencement of this subsection); serious harm means harm, including the cumulative effect of any harm, that— (a) endangers, or is likely to endanger, a person's life; or (b) is, or is likely to be, significant and longstanding. 83D—High Risk Missing Person Warrant (1) A senior police officer may, if the officer reasonably suspects that an authorisation under section 83C(1a) could be granted in relation to a high risk missing person, apply to a judge for a high risk missing person warrant. (2) To avoid doubt, an application may be made under this section— (a) whether or not an authorisation under section 83C(1a) is in force; or (b) whether or not a high risk missing person warrant has previously been issued in relation to the missing person, or any premises, vehicle, vessel or place to which the application relates. (3) An application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before the Supreme Court, or it is otherwise not reasonably practicable to appear personally before the Supreme Court, electronically or by telephone. (4) The grounds of an application for a warrant must be verified by affidavit. (5) If an application for a warrant is made electronically, the following provisions apply: (a) the application must be in a form approved by the Chief Justice; (b) the application must be accompanied by an affidavit made by the applicant verifying the facts referred to in the application; (c) the applicant must be available to address the Supreme Court by telephone or electronic means determined by the judge; (d) the judge is entitled to assume, without further inquiry, that a person who identifies themself as the applicant is the applicant; (e) the judge may, on being satisfied as to the grounds for the issue of a warrant, make out and sign a warrant; (f) the warrant is to be taken to have been issued, and comes into force, when signed on behalf of the judge; (g) the judge must forward the warrant to the applicant by electronic means. (6) If an application for a warrant is made by telephone, the following provisions apply: (a) the applicant must inform the judge of the applicant's name and identify themself as a senior police officer and the judge, on receiving that information, is entitled to assume its accuracy without further inquiry; (b) the applicant must inform the judge of the purpose for which the warrant is required and the grounds on which it is sought; (c) the judge may, on being satisfied as to the grounds for the issue of the warrant, inform the applicant of the facts on which the judge relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; (d) if the applicant gives such an undertaking, the judge may then issue a warrant; (e) the warrant is to be taken to have been issued, and comes into force, when signed by the judge; (f) the judge must inform the applicant of the terms of the warrant; (g) the applicant must fill out and sign a warrant form (the duplicate warrant) that— (i) sets out who issued the warrant and the terms of the warrant; and (ii) complies with any other prescribed requirements; (h) the applicant must, as soon as practicable after the issue of the warrant, forward to the Supreme Court an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant. (7) An application for a high risk missing person warrant may be made and determined without notice to an owner or occupier of premises, a vehicle, a vessel or place (as the case requires). (8) A high risk missing person warrant— (a) must specify— (i) the name of the applicant; and (ii) the name of the missing person to whom the warrant relates; and (iii) any premises, vehicle, vessel or place to which the warrant relates; and (iv) the period for which the warrant will be in force (being a period not longer than 90 days); and (v) any other information required by the regulations; and (b) may contain conditions and limitations; and (c) may address any other matter as the judge thinks fit. (9) Subject to any conditions or limitations specified in the high risk missing person warrant, the warrant authorises a police officer to exercise any powers or take any action, or continue to do so, that the police officer could take pursuant to an authority granted under section 83C(1a). (10) A judge may, on an application by a senior police officer made while a high risk missing person warrant is in force, extend the period for which the warrant remains in force for a specified further period (being a period not longer than 90 days). (11) A police officer may, in exercising powers under a high risk missing person warrant, be assisted by such persons as the officer considers necessary or desirable in the circumstances (provided that a person who is not a police officer may only provide assistance at the direction of a police officer). (12) A high risk missing person warrant may, at any time, be revoked by instrument in writing by the Commissioner (and must, if the missing person to whom the warrant relates is located, be revoked as soon as it is reasonably practicable to do so). (13) In this section— judge means a judge of the Supreme Court of South Australia. 85—Regulations (1) The Governor may make regulations for the purposes of this Act. (2) Without limiting subsection (1), the regulations may— (a) vary the provisions of Schedule 2 (other than clauses 3 to 11 inclusive) by including provisions in, or deleting provisions from, the Schedule; (c) impose fees in relation to the administration of this Act; (d) impose a penalty (not exceeding a fine of $2 500) for contravention of, or non-compliance with, a regulation. (3) The regulations may— (a) be of general application or vary in their application according to prescribed factors; and (b) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Commissioner.