Automated External Defibrillators (Public Access) Act 2022 (SA)

South Australia Automated External Defibrillators (Public Access) Act 2022 An Act to require the installation and registration of Automated External Defibrillators in certain buildings, facilities and vehicles and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Meaning of designated building or facility 5 Meaning of prescribed building 6 Application of Act—Crown 6A Application of Act—certain buildings and facilities Part 2—Automated External Defibrillators—general requirements 7 Installation of Automated External Defibrillators—buildings and facilities 8 Installation of Automated External Defibrillators—vehicles 9 Maintenance and testing 10 Signs Part 3—Register and other matters 11 Preliminary 12 Register 13 Software application 14 Awareness strategy Part 3A—Authorised officers 15A Appointment of authorised officers 15B Identification of authorised officers 15C Powers of authorised officers Part 4—Miscellaneous 16 Damage, destruction or removal of Automated External Defibrillator 16A Exemptions 16B Delegation 16C False or misleading information 16D Self‑incrimination 17 Regulations and fee notices 18 Report Schedule 1—Transitional provision 1 Transitional provision Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Automated External Defibrillators (Public Access) Act 2022. 2—Commencement (1) Subject to subsection (2), this Act comes into operation on the day on which it is assented to by the Governor. (2) Sections 3 to 17 (inclusive) come into operation on 1 January 2025. 3—Interpretation (1) In this Act— amenities, of a retirement village, includes kitchens, toilets, gymnasiums, pools and dining areas, but does not include pathways, roads and driveways; Australian Register of Therapeutic Goods means the register maintained under section 9A of the Therapeutic Goods Act 1989 of the Commonwealth; authorised officer means a person appointed to be an authorised officer under Part 3A; Automated External Defibrillator means a portable device able to treat cardiac arrest by applying an electric shock to restore normal heart rhythm that is— (a) included on the Australian Register of Therapeutic Goods; or (b) if there is no Automated External Defibrillator included on the Australian Register of Therapeutic Goods—approved by the Minister for the purposes of this Act; building means a structure with a roof and walls; correctional facility means— (a) a correctional institution within the meaning of the Correctional Services Act 1982; or (b) a custodial police station within the meaning of section 78 of the Summary Offences Act 1953; or (c) a facility for the reception, detention, correction and training of youths who offend against the criminal law established under the Family and Community Services Act 1972 or the Youth Justice Administration Act 2016; designated building or facility—see section 4; emergency services organisation means— (a) the South Australian Country Fire Service; or (b) the South Australian Metropolitan Fire Service; or (c) the South Australian State Emergency Service; or (d) an organisation prescribed by the regulations; hospital has the same meaning as in the Health Care Act 2008; licensed children's residential facility has the same meaning as in the Children and Young People (Safety) Act 2017; major works means improvements, repairs or other physical changes to a building the cost of which exceeds $100 000; owner, in relation to a building or facility, means the owner of the land on which the building or facility is situated, being— (a) if the land is unalienated from the Crown—the Crown; or (b) if the land is alienated from the Crown by grant in fee simple—the owner of the estate in fee simple; or (c) if the land is held from the Crown by lease or licence—the lessee or licensee; or (d) if the land is held from the Crown under an agreement to purchase—the person who has the right to purchase; prescribed building—see section 5; prescribed vehicle—see section 8(4); public building or facility means a building or facility to which the public has access (whether or not admission is obtained by payment of money) and includes— (a) a swimming pool; and (b) a library; and (c) a local government office; and (d) a town hall; and (e) a building or facility, or class of buildings or facilities, prescribed by the regulations, but does not include— (f) a building or facility (other than a building or facility referred to in a preceding paragraph) that is not a relevant building or a relevant facility; and (g) a building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations; relevant authority, for an emergency services organisation, means— (a) in the case of the South Australian Country Fire Service (SACFS)—the Chief Officer of SACFS; or (b) in the case of the South Australian Metropolitan Fire Service (SAMFS)—the Chief Officer of SAMFS; or (c) in the case of the South Australian State Emergency Service (SASES)—the Chief Officer of SASES; or (d) in the case of an organisation prescribed by the regulations—the person prescribed by the regulations as the relevant authority for the organisation; relevant authority, for a prescribed vehicle, means the entity prescribed by the regulations as the relevant authority for the vehicle; relevant building means— (a) a building that has a floor area of 600 m² or more; or (b) a building, or class of buildings, prescribed by the regulations; relevant day means the day on which section 4 comes into operation; relevant facility means— (a) 2 or more relevant buildings that are owned by the same person and used for related purposes where any part of the buildings are within the prescribed distance of another of the buildings; or (b) enclosed (whether fully or partially) structures with a floor area of 600 m² or more used for sporting or recreational activities attended by the public; or Note— Such facilities include sporting stadia and arenas and aquatic centres. (c) a facility, or class of facilities, prescribed by the regulations; school has the same meaning as in the Education and Early Childhood Services (Registration and Standards) Act 2011; smartphone means mobile telephone with an operating system capable of running software applications; tertiary institution includes a university and TAFE SA; vehicle includes aircraft and a boat but does not include a motorbike, horse or a vehicle excluded from the ambit of this definition by the regulations. (2) A reference in this Act, other than in section 10, to an Automated External Defibrillator installed in a building or facility includes a reference to an Automated External Defibrillator installed in an external area on or around the building or facility. (3) For the purposes of this Act, land will be taken to be used for commercial purposes if— (a) an occupier of the land solely or primarily sells goods, or provides services, for money or other consideration on the land; or (b) the land is used for purposes of a kind prescribed by the regulations. (4) For the purposes of this Act, the regulations may— (a) provide for 1 or more methods of calculating the floor area of a building or facility; or (b) provide that certain areas, or classes of areas, of a building or facility are not to be included for the purposes of calculating the floor area of the building or facility. (5) For the purposes of this Act, if 2 or more buildings constitute a facility, or a relevant facility for the purposes of the definition of relevant facility in subsection (1), they will be treated as a facility, or a relevant facility, (as the case may be) rather than as buildings. 4—Meaning of designated building or facility For the purposes of this Act, the following buildings or facilities are designated buildings or facilities (whether constructed before or after the relevant day): (a) a public building or facility; (b) a prescribed sporting facility; (c) a school, tertiary institution or education facility that provides skills training; (e) a retirement village (within the meaning of the Retirement Villages Act 2016) where 1 or more amenities are shared by residents; (f) a facility that provides residential care within the meaning of the Aged Care Act 1997 of the Commonwealth; (g) a caravan park; (h) a residential park (within the meaning of the Residential Parks Act 2007) occupied (or that allows for occupation) by more than 12 residents; (i) a casino or other venue where gambling is authorised, other than a venue where the only gambling authorised is the selling and buying of lottery tickets; (j) a theatre or other venue where artistic or cultural performances are provided; (k) a building or facility, or class of building or facility, prescribed by the regulations, but does not include a building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations. 5—Meaning of prescribed building For the purposes of this Act, the following buildings are prescribed buildings: (a) a building on land used for commercial purposes if— (i) construction of the building commences after the relevant day; or (ii) major works to the building commence after the relevant day, and if, after completion of the construction or major works, the floor area of the building will be more than 600 m2; (b) a relevant building (whether constructed before or after the relevant day) on land in respect of which there is, after the relevant day, a change in the use of the land to use for commercial purposes; (c) a building, or class of buildings, prescribed by the regulations, but does not include a building, or class of buildings, excluded from the ambit of this definition by the regulations. 6—Application of Act—Crown This Act binds the Crown in right of the State and also, so far as the legislative power of the State extends, the Crown in all its other capacities, but not so as to impose any criminal liability on the Crown. 6A—Application of Act—certain buildings and facilities (1) Despite any other provision of this Act, this Act does not apply to the following buildings or facilities: (a) a hospital or other medical facility that complies with the requirements prescribed by the regulations; (b) a correctional facility; (c) a licensed children's residential facility or a residential facility (not being a training centre) established or licensed under the Family and Community Services Act 1972; (d) a building or facility (other than a designated building or facility) where the entire building or facility is not accessible to the public; (e) any other building or facility, or class of buildings or facilities, prescribed by the regulations for the purposes of this section. (2) For the purposes of subsection (1)(d), a building or facility will be taken to be accessible to the public if the public can obtain access to the building or facility, or part of the building or facility, by payment of money.