Sch 2Exempt persons—prohibited weapons

Schedule 2—Exempt persons—prohibited weapons 1—Interpretation In this Schedule, unless the contrary intention appears— number, in relation to the identification of a weapon, means an identifying mark comprised of either numbers or letters or a combination of both numbers and letters; official ceremony means a ceremony conducted— (a) by the Crown in right of the State or the Commonwealth; or (b) by or under the auspices of— (i) the Government of the State or the Commonwealth; or (ii) South Australia Police; or (iii) the armed forces; prescribed masonic organisation means— (a) the Antient, Free And Accepted Masons Of South Australia and the Northern Territory Incorporated; or (b) a Lodge or Order of Freemasons warranted and recognised by the association referred to in paragraph (a); or (c) the Lodge of Freemasons named "The Duke of Leinster Lodge"; prescribed services organisation means— (a) The Returned and Services League of Australia (S.A. Branch) Incorporated or any of its sub‑branches; or (b) an association or other body (whether or not incorporated) that is a member of the Consultative Council of Ex‑Service Organisations (S.A.). 2—Application of Schedule (1) If— (a) in Part 2, a person is expressed to be an exempt person for the purposes of 1 or more offences against section 21F(1) of this Act in relation to a particular class of prohibited weapon; and (b) the weapon is, in accordance with the regulations, included in 1 or more of the other classes of prohibited weapon, the person is an exempt person in relation to that weapon for the purposes of the offences even though he or she is not an exempt person in relation to a prohibited weapon of the other class or classes referred to in paragraph (b). (2) The exemptions in Part 2 (other than under clauses 3, 4, 5 and 12) do not apply to a person who has, whether before or after the commencement of this Schedule, been found guilty by a court of— (a) an offence involving violence for which the maximum term of imprisonment is 5 years or more; or (b) an equivalent offence involving violence under the law of another State or Territory of the Commonwealth or of another country. (3) If a person is an exempt person in relation to a weapon under a clause in Part 2 (other than under clauses 3, 4, 5 or 12) and a court finds the person guilty of using the weapon to threaten or injure another person, he or she ceases to be an exempt person in relation to that or any other weapon under that clause and can never again become an exempt person under that clause. (4) A person who, prior to the commencement of this Schedule, ceased, in accordance with regulation 7(4) of the Summary Offences (Dangerous Articles and Prohibited Weapons) Regulations 2000, to be an exempt person under a particular regulation is taken not to be exempt under any corresponding provision of Part 2. Part 2—Exemptions 3—Police officers A police officer is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the officer uses or has possession of a prohibited weapon for the purpose or in the course of his or her duties as a police officer. 4—Delivery to police A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon for the purpose of delivering it as soon as reasonably practicable to a police officer. 5—Emergencies A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon for the purpose, and in the course, of dealing with an emergency (whether as a volunteer or in the course of paid employment), provided that the person does not use the weapon to threaten or injure another person. 6—Business purposes A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of conducting his or her business or in the course of his or her employment, provided that— (a) the use or possession of the weapon is reasonably required for that purpose; and (b) the use or possession of the weapon is not in the course or for the purpose of manufacturing, selling, distributing, supplying or otherwise dealing in the weapon. 7—Religious purposes A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the possession of a knife (other than a butterfly knife, flick knife, push knife or trench knife) or dagger if— (a) the person is a member of a religious group; and (b) the person possesses, wears or carries the knife or dagger for the purpose of complying with the requirements of that religion. 8—Entertainment A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of providing a lawful and recognised form of entertainment of other persons that reasonably requires the use or possession of the weapon. 9—Sport and recreation A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of participating in a lawful and recognised form of recreation or sport that reasonably requires the use or possession of the weapon. 10—Ceremonies A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of an official ceremony that reasonably requires the use or possession of the weapon. 11—Museums and art galleries A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon for the purposes of a museum or art gallery. 12—Executors etc (1) A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon in the course of his or her duties— (a) as the executor, administrator or other representative of— (i) the estate of a deceased person or a bankrupt; or (ii) a person who is legally incompetent; or (b) as receiver or liquidator of a body corporate. (2) A person is an exempt person for the purposes of an offence of sale or supply of a prohibited weapon under section 21F(1)(a) of this Act, if the person sells or supplies a prohibited weapon in the course of his or her duties— (a) as the executor, administrator or other representative of— (i) the estate of a deceased person or a bankrupt; or (ii) a person who is legally incompetent; or (b) as receiver or liquidator of a body corporate, provided that the sale or supply is to a person who is entitled to possession of the weapon under section 21F of this Act. 13—Heirlooms A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon that is of sentimental value to him or her as an heirloom and that was previously in the possession of 1 or more of his or her relatives provided that the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except for the purpose of— (a) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or (b) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or (c) valuation by a person who carries on a business that includes the valuing of articles of that kind; or (d) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or (e) permanently transferring possession of the weapon to another person (being a person who is entitled under section 21F of this Act to have possession of it). 14—Collectors (1) A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon as part of a collection of weapons or other artefacts or memorabilia (comprised of at least 3 weapons, whether or not prohibited weapons) that has a particular theme, or that the person maintains for its historical interest or as an investment, provided that— (a) the person keeps the following records in a legible manner in a bound book at his or her place of residence for a period that expires at the end of 5 years after he or she ceases to be in possession of the collection: (i) a record describing and identifying the weapon; (ii) a record of the date of each occasion on which he or she obtains or re‑obtains possession of the weapon and the identity and address of the person from whom he or she obtains or re‑obtains possession; (iii) the date of each occasion on which he or she parts with possession of the weapon to another person and the identity and address of that person; and (b) the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except for the purpose of— (i) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or (ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or (iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or (iv) repair, restoration or valuation— (A) by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or (B) by a person who is, under clause 17, an exempt person in relation to a prohibited weapon; or (v) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or (vi) storage by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or (vii) returning it to— (A) another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or (B) a prescribed services organisation that is, under clause 15, an exempt person in relation to a prohibited weapon, on whose behalf he or she has repaired, restored, valued or stored the weapon; or (viii) taking it to a meeting but only if the majority of persons at the meeting are collectors who are, under this clause, exempt persons in relation to prohibited weapons; or (ix) its sale or supply to another person in accordance with subclause (2); and (c) the person permits a police officer at any reasonable time to enter his or her residential premises to inspect the collection and the records kept under paragraph (a). (2) A person who is an exempt person under subclause (1) will also be an exempt person for the purposes of an offence of sale or supply of such a weapon under section 21F(1)(a) of this Act if the person sells or supplies the weapon in the normal course of maintaining the collection, to a person who is entitled to possession of a prohibited weapon under section 21F of this Act. (3) A reference in subclause (1) to the place of residence of a person will be taken, in the case of a body corporate, to be a reference to the registered office of the body corporate. 15—Prescribed services organisations (RSL etc) (1) A prescribed services organisation is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if it has possession of a prohibited weapon of a kind acquired or used by one of its members (or by a person that it represents) while on active war service as a member of Australia's armed forces, provided that— (a) the organisation keeps the following records in a legible manner in a bound book at its premises for a period that expires at the end of 5 years after it last ceased to be in possession of the weapon: (i) a record describing and identifying the weapon; (ii) a record of the date of each occasion on which the organisation obtains or re‑obtains possession of the weapon and the identity and address of the person from whom the organisation obtains or re‑obtains possession; (iii) the date of each occasion on which the organisation parts with possession of the weapon to another person and the identity and address of that person; and (b) the organisation keeps the weapon in a safe and secure manner at its premises and does not remove the weapon except for the purpose of— (i) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or (ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or (iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or (iv) repair, restoration or valuation— (A) by a collector who is, under clause 14, an exempt person in relation to a prohibited weapon; or (B) by a person who is, under clause 17, an exempt person in relation to a prohibited weapon; or (v) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or (vi) its sale or supply to another person in accordance with subclause (2); and (c) the organisation permits a police officer at any reasonable time to enter the premises of the organisation to inspect the weapon and the records kept under paragraph (a). (2) A person who is an exempt person in relation to a prohibited weapon under subclause (1) will also be an exempt person for the purposes of an offence of sale or supply of such a weapon under section 21F(1)(a) of this Act if the person sells or supplies the weapon in the normal course of maintaining the collection, to a person who is entitled to possession of a prohibited weapon under section 21F of this Act. 16—Possession by collector on behalf of prescribed services organisation or another collector A person who is, under clause 14, an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act (the first collector) will also be an exempt person for the purposes of such an offence in relation to a prohibited weapon that is owned by another collector or a prescribed services organisation if— (a) possession of the weapon by the first collector is solely for the purpose of repairing, restoring, valuing or storing it on behalf of the prescribed services organisation or the other collector; and (b) the other collector is, under clause 14, or the prescribed services organisation is, under clause 15, an exempt person in relation to the weapon; and (c) while the weapon is in the possession of the first collector, the first collector complies with the conditions in clause 14(1)(a) to (c) in relation to the weapon as though it were part of the first collector's collection. 17—Manufacturers etc A person is an exempt person for the purposes of an offence of manufacture, sale, distribution, supply of, or other dealing in, possession or use of a prohibited weapon under section 21F(1) of this Act if— (a) the person— (i) has not been found guilty by a court of an offence involving the use, or the threat of using, a weapon; and (ii) has notified the Commissioner in writing that he or she is, or intends, manufacturing, selling, distributing, supplying or otherwise dealing in prohibited weapons and of— (A) the person's full name; and (B) the address of the place or places at which the person is, or intends, conducting those activities; and (C) the person's residential address; and (D) in the case of a body corporate—the full name and residential address of each of its directors; and (iii) the possession and use is, or is to be, only to the extent reasonably necessary for the purpose of manufacturing, selling, distributing, supplying or otherwise dealing in the weapons (as the case requires); and (b) the weapons are kept in a safe and secure manner; and (c) in the case of the sale, distribution or supply of, or other dealing in, a prohibited weapon—the weapon is not sold, distributed or supplied to, or dealt in with, a person who is under the age of 18 years; and (d) a prohibited weapon is not marketed (within the meaning of section 21D of this Act) by the person in a way that— (i) indicates, or suggests, that the weapon is suitable for combat; or (ii) is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon; and (e) in the case of the manufacture of prohibited weapons, each weapon manufactured is marked with an identifying brand and number in a manner that ensures that the brand and number cannot be removed easily and will not wear off in the normal course of use of the weapon; and (f) the person keeps the following records in a legible manner (and in a form that is reasonably accessible to a police officer inspecting the records under paragraph (i)) at his or her business premises for a period of at least 5 years: (i) a description of each prohibited weapon that is, or has been, in his or her possession; (ii) the identifying brand and number (if any) that is marked on each of those weapons; (iii) the name and address of the person to whom he or she sells, distributes, supplies, or with whom he or she otherwise deals in, each of those weapons; (iv) the date of each transaction; and (g) the person permits a police officer at any reasonable time to enter his or her premises or a vehicle in which prohibited weapons are carried to inspect the premises or vehicle, the weapons on the premises or in the vehicle or records kept by the exempt person under paragraph (f); and (h) the person notifies the Commissioner in writing of a change in any of the information referred to in paragraph (a)(i) and (ii) within 7 days after the change occurs. 18—Possession by manufacturer etc on behalf of prescribed services organisation or another collector A person who is, under clause 17, an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act (the manufacturer) will also be an exempt person for the purposes of such an offence in relation to a prohibited weapon that is owned by a collector or a prescribed services organisation if— (a) possession of the weapon by the manufacturer is solely for the purpose of repairing or restoring the weapon or valuing or storing it on behalf of the collector or prescribed services organisation; and (b) the collector is, under clause 14, or the prescribed services organisation is, under clause 15, an exempt person in relation to the weapon. 19—Prescribed weapons—security agents (1) A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if— (a) the person is— (i) authorised by a licence granted under the Security and Investigation Industry Act 1995 to carry on the business of protecting or guarding property as a security agent; and (ii) the holder of a firearms licence under the Firearms Act 2015 authorising the possession and use of a handgun in the course of carrying on the business of guarding property; and (b) the weapon is kept in a safe and secure manner at the person's business premises when not being used; and (c) the weapon is marked with a number for identification and with the name of the person in a manner that ensures that the number and name cannot be removed easily and will not wear off in the normal course of use of the weapon; and (d) the weapon is not issued to another person unless the other person is— (i) an employee in the business; and (ii) an exempt person under subclause (2); and (e) the person keeps the following records in a legible manner (and in a form that is reasonably accessible to a police officer inspecting the records under paragraph (f)) at his or her business premises for a period of at least 5 years: (i) the make and model of the weapon and the identifying number marked on the weapon under paragraph (c); (ii) the date and time of every issue of the weapon to an employee, the identification number of the weapon, the identity of the employee to whom the weapon is issued and the date and time when the weapon is returned by the employee; (iii) the date or dates (if any) on which a person to whom the weapon has been issued uses the weapon (as opposed to carrying the weapon) in the course of his or her duties and the reason for that use of the weapon; and (f) the person permits a police officer at any reasonable time to enter his or her business premises to inspect the weapon, the manner in which the weapon is kept and the records kept under paragraph (e); and (g) in the case of a natural person— (i) the person has completed a course of instruction approved by the Commissioner in the proper use of such weapons and has been awarded a certificate of competency by the person conducting the course; and (ii) the person does not carry the weapon while engaged in crowd control. (2) A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if the person— (a) is employed to protect or guard property by a person who carries on the business of protecting or guarding property; and (b) is authorised by a licence granted under the Security and Investigation Industry Act 1995 to protect or guard property as a security agent; and (c) is the holder of a firearms licence under the Firearms Act 2015 authorising the possession and use of a handgun in the course of employment by a person who carries on the business of guarding property; and (d) reasonably requires the possession of the weapon for the purposes of carrying out the duties of his or her employment; and (e) has completed a course of instruction approved by the Commissioner of Police in the proper use of such weapons and has been awarded a certificate of competency by the person conducting the course; and (f) has not been found guilty by a court of an offence involving the illegal possession or use of such a weapon, a firearm or any other weapon; and (g) does not carry the weapon while engaged in crowd control; and (h) as soon as reasonably practicable after using the weapon in the course of his or her duties, provides his or her employer with a written report setting out the date on which, and the circumstances in which, he or she used the weapon. 20—Prescribed weapons—members of Scottish associations A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the possession of a weapon of a kind prescribed for the purposes of this clause if— (a) — (i) the person is a member of an incorporated association that has as its sole or a principal purpose the fostering and preservation of Scottish culture or the playing or singing of Scottish music; or (ii) the person is a member of a society, body or other group (whether or not incorporated) that is affiliated with an incorporated association and both the society, body or group and the incorporated association with which it is affiliated have as their sole or a principal purpose the fostering and preservation of Scottish culture or the playing or singing of Scottish music; and (b) the person has possession of all of the clothes and other accoutrements traditionally worn with the weapon (or, if the weapon is traditionally worn with different clothes on different occasions, he or she has possession of the clothes and accoutrements for at least 1 of those occasions); and (c) the person has possession of the weapon solely for the purpose of— (i) wearing it with that clothing; and (ii) if the weapon is of a kind prescribed for the purposes of this subparagraph—using it in traditional Scottish ceremonies; and (d) if the weapon is of a kind prescribed for the purposes of paragraph (c)(ii)—the person only uses the weapon for the purposes of traditional Scottish ceremonies; and (e) the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except— (i) for the purpose of wearing it with that clothing; or (ii) for the purpose of lending it to a person who is entitled under section 21F of this Act to have possession of it; or (iii) for the purpose of permanently transferring possession of the weapon to another person (being a person who is entitled under section 21F of this Act to have possession of it). 21—Prescribed weapons—lodges of Freemasons etc A prescribed masonic organisation is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if the weapon— (a) is only used at the premises of the organisation for traditional ceremonial purposes; and (b) when not in use, is kept at the premises of the organisation, in a safe and secure manner; and (c) is not removed from the premises except for the purpose of— (i) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or (ii) valuation by a person who carries on a business that includes valuing articles of that kind; or (iii) permanently transferring possession of the weapon to another person (being a person who is entitled under section 21F of this Act to have possession of it). 22—Prescribed weapons—astronomical purposes A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if— (a) the person is using or has possession of the weapon for the purpose or in the course of participating in astronomy; and (b) the person— (i) is a member of— (A) the Astronomical Society of South Australia Incorporated; or (B) the Mars Society Australia Incorporated; or (ii) participates in astronomy under the supervision of a member of a body referred to in subparagraph (i); or (iii) participates in astronomy at an observatory; or (iv) participates in astronomy as part of a course of study conducted by an educational institution. 23—Prescribed weapons—food preparation A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if the use or possession is solely for the preparation of food or drink for human consumption. 24—Prescribed weapons—NSW fisheries officers A person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to a baton designed for use as a weapon that can be extended in length by gravity or centrifugal force or by a release button or other device if the person is a fisheries officer (within the meaning of the Fisheries Management Act 1994 of New South Wales) who uses or possesses the weapon in the course of official duties or functions under that Act. Legislative history Formerly Police Offences Act 1953 Notes • This version is comprised of the following: 1.7.2020 Schedules • 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 . Legislation amended by principal Act The Summary Offences Act 1953 amended the following: Police Act 1936 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Police Offences Act 1953 17.12.1953 1.3.1954 (Gazette 28.1.1954 p155) Police Offences Act Amendment Act 1956 29.11.1956 29.11.1956 Police Offences Act Amendment Act 1957 14.11.1957 14.11.1957 Police Offences Act Amendment Act 1958 30.10.1958 30.10.1958 Police Offences Act Amendment Act 1960 12.5.1960 12.5.1960 Police Offences Act Amendment Act (No. 2) 1960 Police Offences Act Amendment Act (No. 3) 1960 Police Offences Act Amendment Act 1961 Police Offences Act Amendment Act (No. 2) 1961 Statute Law Revision Act 1965 9.12.1965 9.12.1965 Police Offences Act Amendment Act 1967 9.11.1967 9.11.1967 Police Offences Act Amendment Act 1972 6.4.1972 13.4.1972 (Gazette 13.4.1972 p1431) Police Offences Act Amendment Act (No. 2) 1972 7.9.1972 19.10.1972 (Gazette 19.10.1972 p1928) Police Offences Act Amendment Act (No. 3) 1972 7.12.1972 15.2.1973 (Gazette 15.2.1973 p495) Police Offences Act Amendment Act 1973 8.11.1973 8.11.1973 Police Offences Act Amendment Act (No. 2) 1973 Statute Law Revision Act 1973 Classification of Publications Act 1974 18.7.1974 (Gazette 11.7.1974 p99) Statute Law Revision Act 1974 Police Offences Act Amendment Act 1974 8.8.1974 8.8.1974 Criminal Law (Sexual Offences) Amendment Act 1975 2.10.1975 2.10.1975 Police Offences Act Amendment Act 1975 23.10.1975 23.10.1975 Police Offences Act Amendment Act 1976 Police Offences Act Amendment Act (No. 2) 1976 Police Offences Act Amendment Act (No. 3) 1976 16.12.1976 3.9.1984 (Gazette 30.8.1984 p694) Police Offences Act Amendment Act 1978 Police Offences Act Amendment Act (No. 2) 1978 Police Offences Act Amendment Act (No. 3) 1978 Police Offences Act Amendment Act 1979 15.3.1979 1.7.1979 (Gazette 24.5.1979 p1498) Police Offences Act Amendment Act 1980 Police Offences Act Amendment Act 1981 19.3.1981 1.1.1982 (Gazette 26.11.1981 p2134) Police Offences Act Amendment Act 1983 13.10.1983 14.11.1983 (Gazette 10.11.1983 p1354) Statutes Amendment (Criminal Law Consolidation and Police Offences) Act 1983 22.12.1983 (Gazette 22.12.1983 p1718) Statute Law Revision Act 1984 Sch 4—6.7.1985 (Gazette 9.5.1985 p1398) Police Offences Act Amendment Act 1984 Statutes Amendment (Bail) Act 1985 7.3.1985 7.7.1985 (Gazette 9.5.1985 p1398) Police Offences Act Amendment Act 1985 2.5.1985 10.5.1985 except ss 4, 9, 21, 26, 28—36, Sch—8.7.1985 (Gazette 9.5.1985 p1398) Summary Offences Act Amendment Act 1986 10.4.1986 1.7.1986 (Gazette 1.5.1986 p1104) Criminal Law Consolidation Act Amendment Act 1986 4.12.1986 1.2.1987 (Gazette 15.1.1987 p52) Summary Offences Act Amendment Act (No. 2) 1986 Summary Offences Act Amendment Act (No. 3) 1986 5.4.1987 (Gazette 26.2.1987 p434) Summary Offences Act Amendment Act (No. 4) 1986 30.3.1987 (Gazette 26.2.1987 p440) Summary Offences Act Amendment Act 1987 Summary Offences Act Amendment Act (No. 2) 1987 17.12.1987 1.5.1988 (Gazette 21.4.1988 p1016) Summary Offences Act Amendment Act 1988 1.12.1988 6.3.1989 (Gazette 2.3.1989 p594) Summary Offences Act Amendment Act (No. 2) 1988 1.12.1988 1.7.1989 (Gazette 29.6.1989 p1753) Statutes Amendment (Criminal Law Consolidation and Summary Offences) Act 1988 15.12.1988 6.3.1989 (Gazette 23.2.1989 p539) Summary Offences Act Amendment Act 1989 31.8.1989 5.10.1989 (Gazette 5.10.1989 p1022) Statute Law Revision Act 1990 26.4.1990 Sch 7—24.9.1990 (Gazette 6.9.1990 p778) Summary Offences Act Amendment Act 1990 3.5.1990 26.7.1990 (Gazette 19.7.1990 p344) Summary Offences Act Amendment Act (No. 2) 1990 22.11.1990 7.2.1991 (Gazette 7.2.1991 p366) Summary Offences (Child Pornography) Amendment Act 1992 Statutes Amendment and Repeal (Public Offences) Act 1992 6.7.1992 (Gazette 2.7.1992 p209) Statutes Amendment (Illegal Use of Motor Vehicles) Act 1992 6.7.1992 (Gazette 2.7.1992 p209) Summary Offences (Prevention of Graffiti Vandalism) Amendment Act 1992 4.6.1992 (Gazette 28.5.1992 p1512) Summary Offences (Road Blocks) Amendment Act 1992 Statutes Repeal and Amendment (Places of Public Entertainment) Act 1993 27.10.1993 3.4.1995 (Gazette 23.2.1995 p422) Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994 27.10.1994 1.1.1995 (Gazette 8.12.1994 p1942) State Disaster (Major Emergencies and Recovery) Amendment Act 1994 1.12.1994 2.2.1995 (Gazette 2.2.1995 p200) Statutes Amendment (Attorney-General's Portfolio) Act 1995 27.4.1995 s 21—10.7.1995 (Gazette 29.6.1995 p2973); s 20—27.4.1997 (s 7(5) Acts Interpretation Act 1915) Statutes Amendment (Recording of Interviews) Act 1995 10.8.1995 Pts 1 & 2 and Sch (cl 1)—3.3.1996 (Gazette 21.12.1995 p1760) Summary Offences (Indecent or Offensive Material) Amendment Act 1995 Summary Offences (Overcrowding at Public Venues) Amendment Act 1995 14.12.1995 21.12.1995 (Gazette 21.12.1995 p1760) Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996 2.5.1996 Sch (cl 34)—3.2.1997 (Gazette 19.12.1996 p1923) Second-hand Dealers and Pawnbrokers Act 1996 19.12.1996 1.3.1998 (Gazette 19.2.1998 p932) Statutes Amendment (Attorney-General's Portfolio) Act 1997 31.7.1997 Pt 9 (s 17)—14.9.1997 (Gazette 11.9.1997 p704) Criminal Law (Forensic Procedures) Act 1998 2.4.1998 25.7.1999 (Gazette 15.7.1999 p234) Summary Offences (Offensive and other Weapons) Amendment Act 1998 17.12.1998 17.12.2000 (Gazette 23.11.2000 p3235) Statutes Amendment and Repeal (Justice Portfolio) Act 1999 5.8.1999 Pt 11 (s 54)—1.1.2000 (Gazette 23.9.1999 p1208) Criminal Law Consolidation (Sexual Servitude) Amendment Act 2000 Boxing and Martial Arts Act 2000 13.7.2000 Sch (cl 1)—11.7.2002 (Gazette 4.7.2002 p2794) Summary Offences (Searches) Amendment Act 2000 20.7.2000 ss 1—3—22.2.2002 (Gazette 10.1.2002 p4) Graffiti Control Act 2001 11.10.2001 s 14 & Sch—1.2.2002 (Gazette 15.1.2002 p184) Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002 31.10.2002 Sch 3 (cl 8)—5.7.2003 (Gazette 15.5.2003 p1979) Statutes Amendment (Attorney-General's Portfolio) Act 2002 28.11.2002 Pt 10 (s 18)—3.3.2003 (Gazette 27.2.2003 p807) Coroners Act 2003 31.7.2003 Sch (Pt 13)—1.7.2005 (Gazette 23.6.2005 p1899) Statutes Amendment (Anti-Fortification) Act 2003 30.10.2003 Pt 3 (s 8) & Sch—1.2.2004 (Gazette 15.1.2004 p197) Summary Offences (Vehicle Immobilisation Devices) Amendment Act 2003 4.12.2003 10.1.2005 (Gazette 2.12.2004 p4443) Statutes Amendment (Computer Offences) Act 2004 4.3.2004 Pt 3 (s 5)—30.5.2004 (Gazette 22.4.2004 p1086) Summary Offences (Consumption of Dogs and Cats) Amendment Act 2004 4.3.2004 3.5.2004 (Gazette 22.4.2004 p1087) Summary Offences (Offensive Weapons) Amendment Act 2004 1.4.2004 1.7.2004 (Gazette 3.6.2004 p1717) Emergency Management Act 2004 29.7.2004 Sch 1 (cl 5)—25.11.2004 (Gazette 25.11.2004 p4406) Criminal Law Consolidation (Child Pornography) Amendment Act 2004 16.12.2004 Pt 4 (s 9)—30.1.2005 (Gazette 13.1.2005 p67) Statutes Amendment (Misuse of Motor Vehicles) Act 2004 16.12.2004 Pt 3 (s 6)—7.2.2005; Pt 3 (s 7)—2.5.2005 (Gazette 20.1.2005 p260) Road Traffic (Excessive Speed) Amendment Act 2005 9.6.2005 Sch 1—1.12.2005 (Gazette 10.11.2005 p3926) Fire and Emergency Services Act 2005 14.7.2005 Sch 6 (cl 12)—1.10.2005 (Gazette 29.9.2005 p3547) Statutes Amendment and Repeal (Aggravated Offences) Act 2005 Pt 6 (s 28)—15.5.2006 (Gazette 20.4.2006 p1127) Statutes Amendment (Road Transport Compliance and Enforcement) Act 2006 29.6.2006 Pt 5 (ss 67—69)—30.4.2007 (Gazette 26.4.2007 p1353) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 72 (ss 225 & 226)—4.9.2006 (Gazette 17.8.2006 p2831) Summary Offences (Gatecrashers at Parties) Amendment Act 2007 15.2.2007 Pt 2 (ss 4 & 5)—1.4.2007 (Gazette 29.3.2007 p930) Criminal Law (Forensic Procedures) Act 2007 29.3.2007 Sch 1 (cl 4)—14.5.2007 (Gazette 10.5.2007 p1977) Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 2.8.2007 Sch 1 (cll 2 & 3)—16.12.2007 (Gazette 6.12.2007 p4734) Statutes Amendment (Public Order Offences) Act 2008 17.4.2008 Pt 3 (s 6)—8.6.2008 (Gazette 5.6.2008 p1871) Summary Offences (Drug Paraphernalia) Amendment Act 2008 8.5.2008 Pt 2 (s 4)—8.6.2008 (Gazette 5.6.2008 p1872) Serious and Organised Crime (Control) Act 2008 15.5.2008 Sch 1 (cll 6 & 7)—4.9.2008 (Gazette 4.9.2008 p4227) Firearms (Firearms Prohibition Orders) Amendment Act 2008 12.6.2008 Sch 1 (cl 2)—27.11.2008 (Gazette 27.11.2008 p5277) Controlled Substances (Drug Detection Powers) Amendment Act 2008 31.7.2008 Sch 1 (cl 1)—23.10.2008 (Gazette 23.10.2008 p4931) Summary Offences (Indecent Filming) Amendment Act 2008 6.11.2008 8.2.2009 (Gazette 5.2.2009 p534) Statutes Amendment (Public Health Incidents and Emergencies) Act 2009 25.6.2009 Pt 9 (s 28)—25.6.2009 Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) (Miscellaneous) Amendment Act 2009 10.12.2009 Sch 1 (cll 1 & 2)—31.10.2010 (Gazette 30.9.2010 p4990) Health Practitioner Regulation National Law (South Australia) Act 2010 Sch 1 (cl 27)—1.7.2010 (Gazette 1.7.2010 p3338) South Australian Public Health Act 2011 16.6.2011 Sch 1 (cl 10)—16.9.2012 (Gazette 30.8.2012 p3945) Summary Offences (Tattooing, Body Piercing and Body Modification) Amendment Act 2011 6.10.2011 Pt 2 (s 4)—15.12.2012 immediately after Pt 1 of 20/2012 (Gazette 15.11.2012 p5008) Education and Early Childhood Services (Registration and Standards) Act 2011 8.12.2011 Sch 3 (cl 24)—1.1.2012 (Gazette 15.12.2011 p4986) Statutes Amendment (Serious and Organised Crime) Act 2012 10.5.2012 Pt 11 (ss 45—48)—17.6.2012 (Gazette 14.6.2012 p2756) Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012 10.5.2012 Sch 1 (cll 1—3)—17.6.2012 (Gazette 14.6.2012 p2756) Statutes Amendment (Criminal Intelligence) Act 2012 24.5.2012 Pt 8 (ss 12—15)—12.7.2012 (Gazette 12.7.2012 p3110) Summary Offences (Weapons) Amendment Act 2012 24.5.2012 Pt 2 (ss 4—10) & Sch 1 (cl 4)—15.12.2012 except new s 21D (as inserted by s 5)—3.2.2013 (Gazette 15.11.2012 p5009) Correctional Services (Miscellaneous) Amendment Act 2012 7.6.2012 Sch 1 (cl 1)—31.8.2012 (Gazette 23.8.2012 p3827) Statutes Amendment (Serious Firearm Offences) Act 2012 27.9.2012 Pt 6 (s 31)—15.10.2012 (Gazette 15.10.2012 p4652) Summary Offences (Drug Paraphernalia) Amendment Act 2012 Statutes Amendment (Courts Efficiency Reforms) Act 2012 22.11.2012 Pt 12 (s 35)—1.7.2013 (Gazette 16.5.2013 p1541) Independent Commissioner Against Corruption Act 2012 6.12.2012 Sch 3 (cl 73)—1.9.2013 (Gazette 23.5.2013 p2006) Summary Offences (Filming Offences) Amendment Act 2013 14.3.2013 9.5.2013 (Gazette 9.5.2013 p1424) Statutes Amendment (Attorney-General's Portfolio) Act 2013 18.4.2013 Pt 12 (ss 26 & 27)—9.6.2013 (Gazette 6.6.2013 p2498) Child Sex Offenders Registration (Miscellaneous) Amendment Act 2013 3.10.2013 Sch 1 (cl 3)—22.12.2013 (Gazette 19.12.2013 p4923) Statutes Amendment (Arrest Procedures and Bail) Act 2013 7.11.2013 Pt 3 (ss 14—17)—1.10.2014 (Gazette 4.9.2014 p4244) Statutes Amendment (Attorney-General's Portfolio) Act 2014 11.12.2014 Pt 7 (s 13)—1.4.2015 (Gazette 19.2.2015 p793) Statutes Amendment (Vulnerable Witnesses) Act 2015 Pt 5 (s 22—29)—1.7.2016 (Gazette 23.6.2016 p2618) Statutes Amendment (Serious and Organised Crime) Act 2015 Pt 4 (ss 10 & 11)—6.8.2015 (Gazette 6.8.2015 p3752) Firearms Act 2015 17.12.2015 Sch 1 (cll 20—22)—1.7.2017 (Gazette 27.6.2017 p2619) Local Nuisance and Litter Control Act 2016 26.5.2016 Sch 2 (cl 7)—1.7.2017 (Gazette 21.7.2016 p2988) Statutes Amendment (Attorney-General's Portfolio) Act 2016 Pt 13 (ss 29 & 32)—16.6.2016: s 2(1); s 30—1.7.2016 immediately after s 26 of 16/2015: s 2(6); s 31—1.12.2016 immediately after Sch 1 Pt 1 of Youth Justice Administration Act 2016: s 2(7) Statutes Amendment (Gender Identity and Equity) Act 2016 4.8.2016 Pt 13 (s 38)—8.9.2016 (Gazette 8.9.2016 p3676) Summary Offences (Filming and Sexting Offences) Amendment Act 2016 29.9.2016 28.10.2016 (Gazette 27.10.2016 p4237) Summary Offences (Declared Public Precincts) Amendment Act 2017 28.2.2017 1.5.2017 (Gazette 5.4.2017 p1023) Statutes Amendment (Possession of Firearms and Prohibited Weapons) Act 2017 Pt 3 (s 7)—18.7.2017: s 2 Summary Offences (Interviewing Vulnerable Witnesses) Amendment Act 2017 Liquor Licensing (Liquor Review) Amendment Act 2017 28.11.2017 Sch 1 (cll 9 & 10)—18.11.2019 (Gazette 7.11.2019 p3759) Statutes Amendment (Sentencing) Act 2017 28.11.2017 Pt 20 (s 31)—30.4.2018 (Gazette 6.2.2018 p612) Statutes Amendment (Extremist Material) Act 2017 Pt 3 (s 5)—23.1.2018 (Gazette 23.1.2018 p282) Statutes Amendment (Explosives) Act 2017 Pt 3 (ss 7 & 8)—1.5.2018 (Gazette 6.2.2018 p611) Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017 Pt 19 (s 129)—22.10.2018 (Gazette 19.12.2017 p5119) Summary Offences (Disrespectful Conduct in Court) Amendment Act 2018 15.11.2018 20.12.2018 (Gazette 20.12.2018 p4355) (229) Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077) — Sch 1 (cll 6 & 7)—1.12.2018: r 2 Summary Offences (Liquor Offences) Amendment Act 2018 13.12.2018 Pt 2 (s 4)—13.12.2020 (s 7(5) Acts Interpretation Act 1915) Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019 11.7.2019 Pt 5 (s 11)—24.10.2019 (Gazette 24.10.2019 p3572) Criminal Law Consolidation (Assaults on Prescribed Emergency Workers) Amendment Act 2019 1.8.2019 Sch 1 (cl 4)—3.10.2019 (Gazette 3.10.2019 p3398) Education and Children's Services Act 2019 8.8.2019 Sch 1 (cl 14)—1.7.2020 (Gazette 11.6.2020 p3305) Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019 19.9.2019 Pt 15 (s 23)—13.12.2020 immediately after s 4 of 40/2018: s 2(7) Statutes Amendment and Repeal (Simplify) Act 2019 Pt 48 (s 92)—3.10.2019: s 2(1) Criminal Law Consolidation (Child-Like Sex Dolls Prohibition) Amendment Act 2019 Sch 1 (cl 1)—3.1.2020: s 2(2) Statutes Amendment and Repeal (Classification of Publications, Films and Computer Games) Act 2019 5.12.2019 Pt 3 (s 21)—3.2.2020 (Gazette 30.1.2020 p185) Summary Offences (Trespass on Primary Production Premises) Amendment Act 2020 7.5.2020 9.7.2020 (Gazette 25.6.2020 p3505) (66) Summary Offences (Variation of Schedule 2) Regulations 2020 (Gazette 21.5.2020 p2492 (replaced Gazette 21.5.20 p 2460)) — 21.5.2020: r 2 Statutes Amendment (Attorney-General's Portfolio) Act 2020 1.10.2020 Pt 7 (s 14)—13.12.2020 immediately after s 4 of 40/2018 insofar as it inserts s 21OC: s 2(4) Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021 Sch 1 (cll 55 & 76)—7.10.2021: s 2 Statutes Amendment (Spit Hood Prohibition) Act 2021 Pt 5 (s 6)—25.11.2021 Statutes Amendment (Child Sexual Abuse) Act 2021 9.12.2021 Pt 6 (s 22)—1.6.2022 (Gazette 17.2.2022 p490) Summary Offences (Dog Theft) Amendment Act 2022 8.12.2022 13.2.2023 (Gazette 2.2.2023 p194) Summary Offences (Obstruction of Public Places) Amendment Act 2023 Summary Offences (Nazi Salute and Symbols Prohibition) Amendment Act 2024 4.7.2024 5.8.2024 (Gazette 1.8.2024 p2279) Criminal Law Consolidation (Stalking and Harassment) Amendment Act 2025 13.2.2025 Sch 1 (cl 5)—8.6.2025 (Gazette 15.5.2025 p1171) Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025 Pt 11 (s 20)—12.3.2025: s 2(1) Summary Offences (Knives and Other Weapons) Amendment Act 2025 12.3.2025: s 2(1) except ss 3 to 5, insertion of s 21DA by s 6 & s 7—1.7.2025 (Gazette 26.6.2025 p2059) and except insertion of ss 21DB & 21DC by s 6—1.7.2026 (Gazette 4.9.2025 p3773) and except s 11—uncommenced Summary Offences (Humiliating, Degrading or Invasive Depictions) Amendment Act 2025 22.5.2025 3.11.2025 (Gazette 30.10.2025 p4242) Children and Young People (Safety and Support) Act 2025 12.6.2025 Sch 2 (cll 40 & 41)—uncommenced Summary Offences (Prohibition of Publication of Certain Material) Amendment Act 2025 25.9.2025 16.2.2026 (Gazette 22.1.2026 p83) Statutes Amendment (Claim Farming) Act 2025 30.10.2025 Pt 3 (s 5)—uncommenced Statutes Amendment (Attorney-General's Portfolio) Act 2025 Pt 6 (s 8)—20.11.2025: s 2 Firearms (Digital Blueprints for 3D Printing) Amendment Act 2025 27.11.2025 Sch 1 (cll 1 to 6)—19.2.2026 (Gazette 19.2.2026 p361) Summary Offences (High Risk Missing Persons) Amendment Act 2025 4.12.2025: s 2 Provisions amended since 3 February 1976 • Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 8 of The Public General Acts of South Australia 1837-1975 at page 429. • Certain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 8 July 1985. A Schedule of these alterations was laid before Parliament on 1 August 1985. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title