Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill 2024 (SA)

South Australia Automated External Defibrillators (Public Access) (Miscellaneous) Amendment Bill 2024 A Bill For An Act to amend the Automated External Defibrillators (Public Access) Act 2022.

Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Automated External Defibrillators (Public Access) Act 2022 3 Amendment of section 3—Interpretation 4 Amendment of section 4—Meaning of designated building or facility 5 Amendment of section 5—Meaning of prescribed building 6 Insertion of section 6A 6A Application of Act—certain buildings and facilities 7 Amendment of section 7—Installation of Automated External Defibrillators—buildings and facilities 8 Amendment of section 8—Installation of Automated External Defibrillators—vehicles 9 Amendment of section 9—Maintenance and testing 10 Amendment of section 10—Signs 11 Amendment of section 12—Register 12 Substitution of section 13 13 Software application 13 Repeal of section 15 14 Insertion of Part 3A Part 3A—Authorised officers 15A Appointment of authorised officers 15B Identification of authorised officers 15C Powers of authorised officers 15 Insertion of sections 16A to 16D 16A Exemptions 16B Delegation 16C False or misleading information 16D Self‑incrimination 16 Amendment of section 17—Regulations and fee notices 17 Amendment of Schedule 1—Transitional provision

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) (Miscellaneous) Amendment Act 2024. 2—Commencement This Act comes into operation immediately after section 3 of the Automated External Defibrillators (Public Access) Act 2022 comes into operation.

Part 2—Amendment of Automated External Defibrillators (Public Access) Act 2022 3—Amendment of section 3—Interpretation (1) Section 3(1)—before the definition of Australian Register of Therapeutic Goods insert: amenities, of a retirement village, includes kitchens, toilets, gymnasiums, pools and dining areas, but does not include pathways, roads and driveways; (2) Section 3(1)—after the definition of Australian Register of Therapeutic Goods insert: authorised officer means a person appointed to be an authorised officer under Part 3A; (3) Section 3(1)—after the definition of Automated External Defibrillator insert: 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; (4) Section 3(1)—after the definition of emergency services organisation insert: 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; (5) Section 3(1)—after the definition of major works insert: 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; (6) Section 3(1), definition of public building or facility—delete "place" and substitute: building or facility (7) Section 3(1), definition of public building or facility, (e)—after "facility" insert: , or class of buildings or facilities, (8) Section 3(1), definition of public building or facility—delete "a building or facility excluded from the ambit of this definition by the regulations;" and substitute: — (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; (9) Section 3(1)—after the definition of relevant authority insert: 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 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; (10) Section 3—after subsection (2) insert: (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—Amendment of section 4—Meaning of designated building or facility (1) Section 4(d)—delete paragraph (d) (2) Section 4(e)—after "2016)" insert: where 1 or more amenities are shared by residents (3) Section 4—after paragraph (k) insert: 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—Amendment of section 5—Meaning of prescribed building (1) Section 5(b)—delete "building with a floor area of more than 600 m²" and substitute: relevant building (2) Section 5—after paragraph (c) insert: but does not include a building, or class of buildings, excluded from the ambit of this definition by the regulations. 6—Insertion of section 6A After section 6 insert: 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. 7—Amendment of section 7—Installation of Automated External Defibrillators—buildings and facilities (1) Section 7(1)(c)—before "floor area" insert: publicly accessible (2) Section 7(1)(c)—after "of the building or facility" insert: up to a maximum prescribed by regulation (3) Section 7(2)—after the penalty provision insert: Expiation fee: $5 000. (4) Section 7—after subsection (2) insert: (2a) For the purposes of the definition of publicly accessible floor area, unobstructed access to a building or facility, or part of a building or facility, includes access to the building or facility, or part of the building or facility, obtained by payment of money. (5) Section 7(3)—before the definition of relevant designated building or facility or prescribed building insert: publicly accessible floor area, in relation to a building or facility, means— (a) in relation to a building or facility only part of which is open to the public—the floor area of the part of the building or facility to which the public has unobstructed access while that part of the building or facility is open to the public; or (b) in any other case—the floor area of the building or facility to which the public has unobstructed access while the building or facility is open to the public; (6) Section 7(3), definition of relevant designated building or facility or prescribed building, (b)—before "floor" insert: publicly accessible (7) Section 7(3), definition of relevant designated building or facility or prescribed building—after paragraph (b) insert: but does not include a building or facility, or class of buildings or facilities, excluded from the ambit of this definition by the regulations. 8—Amendment of section 8—Installation of Automated External Defibrillators—vehicles (1) Section 8(1)—after "the organisation" insert: for use by, or on behalf of, the organisation (2) Section 8(2)—delete "owner of" and substitute: relevant authority for (3) Section 8(3)—after the penalty provision insert: Expiation fee: $5 000. 9—Amendment of section 9—Maintenance and testing (1) Section 9(1)—delete subsection (1) and substitute: (1) A designated entity in respect of a building, facility or vehicle in which an Automated External Defibrillator is installed in accordance with this Act must ensure that the Automated External Defibrillator is maintained in accordance with any instructions of the manufacturer of the Automated External Defibrillator. (2) Section 9(2)—after the penalty provision insert: Expiation fee: $5 000. (3) Section 9(3), definition of designated entity, (c)—delete "owner of" and substitute: relevant authority for 10—Amendment of section 10—Signs (1) Section 10(3)(b)—delete "owner of" and substitute: relevant authority for (2) Section 10(4)—after the penalty provision insert: Expiation fee: $500. 11—Amendment of section 12—Register (1) Section 12(1)—after "installed" insert: in buildings and facilities (2) Section 12(3)—delete subsection (3) and substitute: (3) The information in the register must be made available on a website determined by the Minister and accessible by the public without charge in a format determined by the Minister. (3) Section 12(4)—delete "A designated entity in respect of a building, facility or vehicle" and substitute: The owner of a building or facility (4) Section 12(4)—after "is installed" insert: in accordance with this Act (5) Section 12(5)—after the penalty provision insert: Expiation fee: $500. (6) Section 12(6)—delete subsection (6) and substitute: (6) The regulations may provide that this section does not apply, or applies with prescribed modifications, to an Automated External Defibrillator or a class of Automated External Defibrillators. 12—Substitution of section 13 Section 13—delete the section and substitute: 13—Software application (1) The Minister must ensure that a software application compatible with smartphones is able to provide a registered user of the software application with the location of the Automated External Defibrillator that is nearest to the registered user and— (a) is installed in a building or facility in accordance with this Act; and (b) is accessible by the public at the time the software application is being used by the registered user. (2) The software application referred to in subsection (1) may— (a) enable only a certain class of persons to be registered users of the application; or (b) provide for conditions with which registered users are required to comply. (3) The regulations may provide that this section does not apply, or applies with prescribed modifications, to an Automated External Defibrillator or a class of Automated External Defibrillators. 13—Repeal of section 15 Section 15—delete the section 14—Insertion of Part 3A After Part 3 insert: Part 3A—Authorised officers 15A—Appointment of authorised officers (1) The Minister may appoint suitable persons to be authorised officers for the purposes of this Act. (2) An appointment may be made subject to conditions specified in the instrument of appointment. (3) The Minister may, at any time, revoke an appointment of an authorised officer or vary or revoke a condition of appointment or impose a further condition of appointment. 15B—Identification of authorised officers (1) An authorised officer must be issued with an identity card— (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer under this Act. (2) If the powers of the authorised officer have been limited by conditions, the identity card issued to the officer must contain a statement of those conditions. (3) An authorised officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for the inspection of the person their identity card. 15C—Powers of authorised officers (1) An authorised officer may exercise the following powers for the purposes of the administration or enforcement of this Act: (a) enter and inspect, at any reasonable time, a building, facility, vehicle or other place that the authorised officer believes on reasonable grounds to be a building, facility or vehicle in which an Automated External Defibrillator must be installed in accordance with this Act (and, if entry is refused, may employ such force as is reasonably necessary to gain entry); (b) require a person to produce documents for inspection; (c) examine, copy or take extracts from a document or record so produced or require a person to provide a copy of such a document or record; (d) take photographs, films, audio, video or other recordings; (e) give expiation notices for alleged offences against this Act. (2) A person must not— (a) hinder or obstruct an authorised officer in the exercise of powers under this section; or (b) refuse or fail to comply with a requirement made under this section. Maximum penalty: $10 000. 15—Insertion of sections 16A to 16D After section 16 insert: 16A—Exemptions (1) The Minister may, by notice in writing, exempt a specified building, facility, vehicle or person from the operation of this Act or a specified provision or provisions of this Act. (2) An exemption— (a) may be conditional or unconditional; and (b) may be varied or revoked by the Minister by further notice in writing. 16B—Delegation (1) A Minister conferred with functions under this Act may delegate a function conferred on them to a specified body or person (including a person for the time being holding or acting in a specified office or position). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the ability of the delegator to act in any matter; and (d) is revocable at will. (3) A function delegated under this section may, if the instrument of delegation so provides, be further delegated. 16C—False or misleading information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act. Maximum penalty: $10 000. 16D—Self‑incrimination If a person is required to provide information or to produce a document under this Act and the information or document would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, but the information or document so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information. 16—Amendment of section 17—Regulations and fee notices (1) Section 17(2)(a)—after "person" insert: or vehicle (2) Section 17(2)(a)—after "persons" insert: or vehicles (3) Section 17(2)—after paragraph (a) insert: (ab) prescribe requirements in relation to the placement and accessibility of Automated External Defibrillators installed in accordance with this Act; and (ac) make provision in relation to what constitutes, or does not constitute, installation of an Automated External Defibrillator or a sign for the purposes of this Act; and 17—Amendment of Schedule 1—Transitional provision Schedule 1, clause 1—delete "any building, facility or vehicle owned by a person that is not the Crown (or an agency or instrumentality of the Crown) until 1 January 2026." and substitute: — (a) any building or facility owned by a person that is not the Crown (or an agency or instrumentality of the Crown); or (b) any prescribed vehicle, until 1 January 2026.