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

South Australia Automated External Defibrillators (Public Access) Bill 2022 A Bill For 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 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 15 Training Part 4—Miscellaneous 16 Damage, destruction or removal of Automated External Defibrillator 17 Regulations and fee notices 18 Report

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 12 months after the day on which this Act is assented to by the Governor. 3—Interpretation (1) In this Act— Australian Register of Therapeutic Goods means the register maintained under section 9A of the Therapeutic Goods Act 1989 of the Commonwealth; 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 Code means the Building Code of Australia published by the Australian Building Codes Board in the National Construction Code series (as in force from time to time); 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) South Australia Police; or (d) the South Australian State Emergency Service; or (e) an organisation prescribed by the regulations; major works means improvements, repairs or other physical changes to a building the cost of which exceeds $100 000; prescribed building—see section 5; prescribed vehicle—see section 8(4); public building or facility means a place 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 prescribed by the regulations, but does not include a building or facility 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 South Australia Police—the Commissioner of Police; or (d) in the case of the South Australian State Emergency Service (SASES)—the Chief Officer of SASES; or (e) in the case of an organisation prescribed by the regulations—the person prescribed by the regulations as the relevant authority for the organisation; relevant day means the day on which section 4 comes into operation; 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. 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; (d) a correctional institution (within the meaning of the Correctional Services Act 1982) or custodial police station (within the meaning of section 78 of the Summary Offences Act 1953); (e) a retirement village (within the meaning of the Retirement Villages Act 2016); (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) without limiting a preceding paragraph or the definition of public building or facility— (i) a class 2 building under the Building Code with more than 10 sole occupancy units (within the meaning of the Building Code); or (ii) a class 5, 6, 7 or 8 building under the Building Code, other than a farm shed or farm building (within the meaning of the Building Code); or (iii) a class 9 building under the Building Code; (l) a building or facility, or class of building or facility, prescribed 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 building with a floor area of more than 600 m2 (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. 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.