South Australian Current Regulations South Australian Current Regulations (1) Subject to this
regulation, a police officer may, on the authorisation of a senior police
officer, by order (a "transit barring order") served on a person, bar the
person from—
(a)
boarding or travelling on—
(i)
specified classes of public transport; or
(ii)
all public transport other than as specified by the
order; or
(iii)
all public transport; or
(b)
entering or remaining on—
(i)
specified prescribed premises; or
(ii)
specified classes of prescribed premises; or
(iii)
all prescribed premises other than as specified by the
order; or
(iv)
all prescribed premises,
for a specified period not exceeding any applicable limit fixed by this
regulation—
(c) if
the person commits an offence, or behaves in an offensive or disorderly
manner, on public transport or specified prescribed premises, or in an area
adjacent to specified prescribed premises; or
(d) on
any other reasonable ground.
(2) If a transit
barring order is authorised—
(a) by a
senior police officer of or above the rank of Inspector, the order remains in
force—
(i)
if the person has not previously been barred under this
regulation—for the period specified in the order (which may not exceed
3 months); or
(ii)
if the person has on 1 previous occasion been
barred under this regulation—for the period specified in the order
(which may not exceed 6 months); or
(iii)
if the person has on at least 2 previous
occasions been barred under this regulation—for an indefinite period or
the period specified in the order; or
(b) by a
senior police officer of or above the rank of Sergeant or in charge for the
time being of a police station (not being a police officer of or above the
rank of Inspector)—the order remains in force for a period specified in
the order (which may not exceed 72 hours).
(3) An authorisation
to issue a transit barring order under this regulation may be granted orally
or in writing but a written record must be kept of—
(a) the
name, rank and identification number of the senior police officer giving the
authorisation; and
(b) the
name, rank and identification number of the police officer requesting the
authorisation; and
(c)
details of the conduct giving rise to the request; and
(d) the
following details relating to the transit barring order:
(i)
the name of the person barred under the order;
(ii)
the public transport or prescribed premises from which
the person has been barred under the order;
(iii)
the grounds on which the issuing of the order is
authorised;
(iv)
the period for which the order remains in force.
(4) A
transit barring order must be served on the person personally and is not
binding on the person until it has been so served.
(5) A police officer
may provide a regular passenger service operator with information about a
person (including photographic and other information that may identify the
person) for the purpose of identifying a person who has been barred from
public transport or prescribed premises.
(6) A police officer
may, on the authorisation of a senior police officer, vary or revoke a
transit barring order by subsequent order served on the person.
(7) For the purposes
of subregulation (6), a condition or limitation under this regulation in
relation to the making of a particular transit barring order extends to a
variation or revocation of the order under that subregulation.
(8) A person who
contravenes a transit barring order is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $210.
(9) In proceedings for
an offence against this regulation, a certificate apparently signed by a
police officer of or above the rank of Inspector stating that a person was
barred from public transport or prescribed premises under this regulation for
the period specified in the certificate will be accepted, in the absence of
proof to the contrary, as proof of the matters stated in the certificate.
(10) In proceedings
for an offence against this regulation, a certificate apparently signed by a
police officer of or above the rank of Inspector stating—
(a) that
an authorisation under subregulation (3) was given; and
(b) that
the authorisation authorised the making of a transit barring order under this
regulation; and
(c) the
grounds on which the authorisation was given,
will be accepted, in the absence of proof to the contrary, as proof of the
matters stated in the certificate.
(11) In this
regulation—
"senior police officer" means—
(a) if
the order is to be made for a period exceeding 72 hours—a police
officer of or above the rank of Inspector; or
(b) in
any other case—a police officer of or above the rank of Sergeant or in
charge for the time being of a police station.