South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 59

59—Regulation of traffic in certain cases

        (1)         In this section—

"special occasion" means a period during which, in the opinion of the person giving a direction under this section, a street, road or public place will be unusually crowded.

        (2)         The Commissioner, or the mayor or chairman of a council, may give reasonable directions, either orally or in writing, or in any other manner, for—

            (a)         regulating traffic of all kinds;

            (b)         preventing obstructions;

            (c)         maintaining order,

in any street, road or public place on any special occasion.

        (3)         Any such direction—

            (a)         if given by the Commissioner, may apply within the whole or any part of the State;

            (b)         if given by the mayor or chairman of a council, may apply only within the area of the council.

        (4)         If a direction given by the Commissioner under this section is in conflict with a direction given by a mayor or chairman of a council, the direction of the Commissioner prevails.

        (5)         The Commissioner may delegate the power to give directions under this section to a senior police officer, subject to any limitations or conditions which the Commissioner thinks it proper to impose.

        (6)         A direction under this section must be given—

            (a)         by publication of the direction in a newspaper circulating generally throughout the State; or

            (b)         in such other manner as to ensure as far as reasonably practicable that, prior to the special occasion, the direction will come to the attention of those who, by their actions or presence, are likely to cause, or contribute to, the crowding of the street, road or public place.

        (7)         Where a direction has been given under this section, a police officer may, upon the occurrence of the special occasion, give to any person, orally or in writing, such orders as are reasonably calculated to ensure compliance with the direction.

        (8)         A person who fails to comply forthwith with an order under this section is guilty of an offence.

Maximum penalty: $750.

        (9)         An allegation in a complaint for an offence against this section that a direction under subsection (6) was given or published and was given or published in a particular manner is, in the absence of evidence to the contrary, proof that that direction was given or published and that it was given or published in that manner.