Part 8Enforcement

Part 8—Enforcement Division 1—Appointment of authorised officers 72—Appointment of authorised officers (1) The Minister may appoint a person to be an authorised officer. (2) An authorised officer may (but need not be) a Public Service employee. (3) An authorised officer may be assigned to assist 1 or more of— (a) the Minister; (b) the Commission; (c) the Technical Regulator, as the Minister considers appropriate. (4) An authorised officer will, in the performance of functions and the exercise of powers, be subject to control and direction by an entity referred to in subsection (3) under a scheme established by the Minister after consultation with the Commission and the Technical Regulator. 73—Conditions of appointment (1) An authorised officer may be appointed for a stated term or for an indefinite term that continues while the officer holds a stated office or position. (2) An authorised officer holds office on the conditions stated in the instrument of appointment. (3) An authorised officer may resign by written notice given to the Minister. (4) An authorised officer may be removed from office by the Minister. 74—Identity cards (1) An authorised officer must be issued with an identity card in a form approved by the Minister— (a) containing a photograph of the person taken for the purpose; and (b) stating that the person is an authorised officer for the purposes of this Act; and (c) containing any other information determined by the Minister for the purposes of this section. (2) The identity card must be issued as soon as is reasonably practicable after the appointment is made (but an authorised officer is not prevented from exercising powers under this Act just because an identity card is yet to be issued). (3) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act, produce for the inspection of the person his or her identity card (unless the identity card is yet to be issued). Division 2—General powers of authorised officers 75—Power of entry (1) An authorised officer may, as reasonably required for the purposes of the administration or enforcement of this Act, enter and remain in any place. (2) When an authorised officer enters a place under this section, the authorised officer— (a) may be accompanied by such assistants as the authorised officer considers necessary or appropriate; and (b) may take any vehicles or equipment the authorised officer considers necessary or appropriate for the functions the authorised officer is to carry out in the place. (3) An authorised officer may use reasonable force to enter a place under this Part if— (a) the entry is authorised under a warrant under Part 10; or (b) the entry is necessary in an emergency. (4) An authorised officer must be accompanied by a police officer— (a) when entering a place under a warrant; or (b) if it is practicable to do so, when entering a place by force in an emergency. 76—Inspection powers (1) An authorised officer who enters a place under this Part may— (a) ask questions of any person found in the place; and (b) inspect, examine or test any infrastructure, plumbing, equipment, product, materials or other thing, or any substance, located or found at the place; and (c) require any person to state his or her full name and address and to produce evidence of his or her identity; and (d) take and remove samples of any substance or other thing found or located at the place; and (e) require any person to produce any plans, specifications, books, papers or documents; and (f) examine, copy and take extracts from any plans, specifications, books, papers or documents; and (g) take photographs, films or video recordings; and (h) take measurements, make notes and carry out tests; and (i) disconnect, close, turn off or remove any infrastructure or equipment; and (j) open or reconnect any infrastructure or equipment; and (k) remove any substance or object that may constitute evidence of the commission of an offence against this Act; and (l) exercise any other power prescribed by the regulations. (2) If an authorised officer takes possession of an object that may be evidence of an offence— (a) the authorised officer must give the occupier of the place a receipt for the object; and (b) the object must be returned to its owner— (i) if proceedings for an offence are not commenced within 6 months after the authorised officer takes possession of the object—at the end of that period; or (ii) if such proceedings are commenced within that period—on completion of the proceedings, unless the court, on application by the Minister, Commission or Technical Regulator, orders confiscation of the object. (3) A court may order the confiscation of an object of which an authorised officer has taken possession under subsection (1) if of the opinion that the object has been used for the purpose of committing an offence or there is some other proper reason for ordering its confiscation. (4) If the court orders the confiscation of an object, the Minister, the Commission or Technical Regulator may dispose of the object. (5) A person who— (a) having been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or (b) being the person in charge of a place subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance, is guilty of an offence. Division 3—Specific powers in relation to infrastructure and equipment 77—Disconnection of supply (1) If an authorised officer finds that water is being supplied or consumed contrary to this Act, the authorised officer may disconnect the water supply. (2) If an authorised officer disconnects a water supply under this section, the officer must give written notice to the occupier of the relevant place— (a) informing the occupier that the water supply has been disconnected under this section; and (b) directing that the water supply must not be reconnected until arrangements have been made to the satisfaction of an authorised officer to ensure against future contravention of this Act. (3) If a water supply has been disconnected under this section, a person must not reconnect the water supply, or have it reconnected, without the approval of an authorised officer. 78—Power to make infrastructure etc safe (1) If an authorised officer finds any water/sewerage infrastructure or any equipment, product or materials unsafe, the authorised officer may— (a) disconnect the supply of water to the place, or the collection of sewerage from the place, or give a direction requiring any such disconnection; (b) restrict the provision of any service; (c) give a direction requiring the carrying out of work necessary to make the infrastructure, equipment, product or materials safe before any reconnection is made. (2) Subject to this section, a direction under this section must be given— (a) in relation to water/sewerage infrastructure—to the water industry entity that operates the infrastructure; (b) in relation to any equipment, product or materials—to the person in charge of the equipment, product or materials or the occupier of the place in which the equipment, product or materials are installed or located. (3) A direction under this section may be given by written notice or, if the authorised officer is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing). (4) A person to whom a direction is given under this section— (a) must comply with the direction; and (b) if relevant, must not reconnect or permit the reconnection of the water supply or sewerage infrastructure (as the case may be) unless the work required by the direction under this section has been carried out, or an authorised officer approves the reconnection. Division 4—Related matters 79—Power to require information or documents (1) An authorised officer may require a person to provide information in the person's possession relevant to the administration or enforcement of this Act. (2) An authorised officer may require a person to produce documents in the person's possession that may be relevant to the administration or enforcement of this Act for inspection by the authorised officer. (3) A person must not, without reasonable excuse, fail to comply with a requirement under this section. (4) This section does not limit the operation of any other provision of this Act. 80—Enforcement notices (1) An authorised officer may issue a notice (an enforcement notice) under this section for the purpose of securing compliance with a requirement imposed by or under this Act (including a standard issued under Part 7). (2) A notice under this section— (a) subject to subsection (3), must be in the form of a written notice served on the person to whom it is issued; and (b) must specify the person to whom it is issued (whether by name or by a description sufficient to identify the person); and (c) may direct 2 or more persons to do something specified in the notice jointly; and (d) without limiting any other provision, in the case of a notice that relates to a situation existing on any premises, may be issued to any person who— (i) is the owner or occupier of the premises; or (ii) has the management or control of the premises; and (e) without limiting any other provision, may be issued to any person who has performed, or is performing, any work (including work on any premises owned or occupied by another person); and (f) must state the grounds on which the notice is issued; and (g) may impose any requirement reasonably required for the purpose for which the notice is issued including 1 or more of the following: (i) a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from a relevant authority; (ii) a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances; (iii) a requirement that the person comply with any specified standard or code published by the Technical Regulator or any other specified person or body referred to in the notice; (iv) a requirement that the person undertake specified tests or monitoring; (v) a requirement that the person furnish to a relevant authority specified results or reports; (vi) a requirement prescribed by the regulations; and (h) must state that the person may, within 14 days, apply for a review of the notice under the provisions of this Act and the South Australian Civil and Administrative Tribunal Act 2013. (3) An authorised officer may, if of the opinion that urgent action is required, issue an emergency notice imposing a requirement of a kind referred to in subsection (2)(g) as reasonably required in the circumstances. (4) An emergency enforcement notice may be issued orally (and without compliance with a requirement to give preliminary notice) but, in that event, the person to whom the notice is issued must be advised forthwith of the person's right to apply to the Tribunal for a review of the order. (5) If an emergency enforcement notice is issued by an authorised officer, the notice will cease to have effect on the expiration of 72 hours from the time of issuing unless confirmed by a written notice served on the relevant person. (6) An authorised officer may, by written notice served on a person to whom a notice under this section has been issued, vary or revoke the notice. (7) A relevant authority may, by written notice served on a person to whom a notice under this section has been issued by the relevant authority, vary or revoke the notice. (8) A person to whom a notice is issued under this section must not, without reasonable excuse, fail to comply with the notice. (9) A person must not hinder or obstruct a person complying with a notice under this section. (10) If the requirements of a notice under this section are not complied with, a relevant authority may take any action required by the notice. (11) Action to be taken by a relevant authority under subsection (10) may be taken on the relevant authority's behalf by an authorised officer or another person authorised by the relevant authority for the purpose. (12) A person taking action under subsection (10) or (11) may enter any premises at any reasonable time. (13) The reasonable costs and expenses incurred by a relevant authority in taking action under subsections (10) and (11) may be recovered by the relevant authority as a debt from the person who failed to comply with the requirements of the notice. (14) If an amount is recoverable from a person by a relevant authority under this section, the relevant authority may, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person, and, if the amount is not paid by the person within that period, the person is liable to pay interest charged at the prescribed rate per annum on the amount unpaid. (15) In this section— relevant authority means— (c) the Technical Regulator. 81—Self‑incrimination A natural person is not required to give information or produce a document under this Part if the answer to the question or the contents of the document would tend to incriminate the person of an offence. 82—Warning notices and assurances (1) If it appears to the Commission that a person has contravened a provision of Part 4, the Commission may issue a warning notice to the person— (a) informing the person that the Commission considers that the contravention has occurred; and (b) providing the person with the option— (i) to the extent that the contravention is capable of being rectified—to take action specified in the notice to rectify the contravention within the period specified in the notice; and (ii) to give the Commission an assurance, in the terms specified in the notice, and within the period specified in the notice, that the person will avoid a future such contravention. (2) If it appears to the Technical Regulator that a person has contravened a provision of Part 7, the Technical Regulator may issue a warning notice to the person— (a) informing the person that the Technical Regulator considers that the contravention has occurred; and (b) providing the person with the option— (i) to the extent that the contravention is capable of being rectified—to take action specified in the notice to rectify the contravention within the period specified in the notice; and (ii) to give the Technical Regulator an assurance, in the terms specified in the notice, and within the period specified in the notice, that the person will avoid a future such contravention. (3) A warning notice issued under this section, and an assurance given under this section, must be in writing. (4) The action that may be specified in a warning notice to rectify a contravention may include action to remedy adverse consequences of the contravention, for example (without limitation)— (a) the refunding of an amount wrongly paid to the person as a result of the contravention; or (b) the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or (c) the disclosure of information; or (d) the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention. (5) The Commission or the Technical Regulator may, by written notice to a person, vary a warning notice issued to the person. (6) If— (a) the Commission or the Technical Regulator issues a warning notice to a person; and (b) the person— (i) fails to take action specified in the notice to rectify the contravention within the period specified in the notice; or (ii) fails to give the Commission or the Technical Regulator, as the case requires, an assurance in the terms specified in the notice within the period specified in the notice; or (iii) contravenes an assurance given by the person in response to the notice, then the Commission or the Technical Regulator may proceed against the person in respect of the contravention to which the notice relates (but if the person takes up the option provided by the notice, and does not fall within the ambit of paragraph (b), then the person is not liable to be prosecuted for the contravention). (7) In connection, with the operation of the preceding subsections— (a) the Commission must keep a register of warning notices issued by the Commission under this section, and a register of assurances given to the Commission under this section; and (b) the Technical Regulator must keep a register of warning notices issued by the Technical Regulator under this section, and a register of assurances given to the Technical Regulator under this section. (8) A person may, without payment of a fee, inspect a register kept under subsection (7). 83—Injunctions (1) If the District Court is satisfied, on the application of the Minister, the Commission, the Technical Regulator or any other person, that a person has engaged or proposes to engage in conduct that constitutes or would constitute a contravention of this Act, the Court may grant an injunction in such terms as the Court determines to be appropriate. (2) If the District Court is satisfied, on the application of the Minister, the Commission, or the Technical Regulator, that a person has engaged in conduct constituting a contravention of this Act, the Court may grant an injunction requiring that person to take specified action to remedy any adverse consequence of that conduct. (3) The action that may be required by an injunction to remedy adverse consequences of conduct constituting a contravention may include (without limitation)— (a) the refunding of an amount wrongly paid as a result of the contravention; or (b) the payment of compensation to a person who has suffered loss, damage or injury as a result of the contravention; or (c) the making good or restoration of any condition or situation; or (d) the disclosure of information; or (e) the publication of advertisements relating to the contravention or relating to action to rectify or remedy the contravention. (4) An injunction may be granted by the District Court under this section— (a) in proceedings in which the Court convicts a person of an offence to which the application relates; or (b) in proceedings brought before the Court for the purpose of obtaining the injunction. (5) The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised— (a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and (b) whether or not the person has previously engaged in conduct of that kind; and (c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind. (6) The power of the District Court to grant an injunction requiring a person to do an act or thing may be exercised— (a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and (b) whether or not the person has previously refused or failed to do that act or thing; and (c) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing. (7) An interim injunction may be granted under this section pending final determination of the application. (8) A final injunction may, by consent of the parties, be granted under this section without proof that proper grounds for the injunction exist. (9) Where the Minister, the Commission or the Technical Regulator applies for an injunction under this section, no undertaking as to damages will be required. (10) The Minister may give an undertaking as to damages or costs on behalf of some other applicant and, in that event, no further undertaking will be required. (11) An injunction under this section may be rescinded or varied at any time.