West Beach Recreation Reserve Regulations 2018 (SA)

South Australia West Beach Recreation Reserve Regulations 2018 under the West Beach Recreation Reserve Act 1987

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Authorised persons 4 Appointment of authorised persons 5 Powers of authorised persons 6 Surrendered or confiscated property 7 Property left unattended 8 Hindering etc authorised persons Part 3—Conduct of users of Reserve 9 Entry into Reserve 10 Behaviour in Reserve 11 Restricted activities 12 Animals 13 Use of motor vehicles Part 4—Miscellaneous 14 Authorisations and permissions 15 Exemptions Schedule 1—Revocation of West Beach Recreation Reserve Regulations 2003 Schedule 2—Transitional and savings provisions 1 Interpretation 2 Authorised persons 3 Authorisations and permissions 4 Exemptions Legislative history

Part 1—Preliminary 1—Short title These regulations may be cited as the West Beach Recreation Reserve Regulations 2018. 2—Commencement These regulations come into operation on the day on which they are made. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the West Beach Recreation Reserve Act 1987; authorised person—see regulation 4; camping includes sleeping overnight in a motor vehicle parked in the Reserve; motor vehicle has the same meaning as in the Road Traffic Act 1961.

Part 2—Authorised persons 4—Appointment of authorised persons (1) The Trust may appoint a member, officer or employee of the Trust to be an authorised person for the purposes of these regulations. (2) An appointment under subsection (1) may be made subject to conditions or limitations specified in the instrument of appointment (and the exercise by an authorised person of powers conferred under these regulations is subject to the conditions and limitations (if any) specified in the officer's instrument of appointment). (3) An authorised person 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 person for the purposes of these regulations; and (c) stating any conditions or limitations on the authorised person's authority. (4) An authorised person must, at the request of a person in relation to whom the authorised person intends to exercise any powers, produce for inspection by the person the authorised person's identity card. (5) If a person in possession of an identity card issued to the person under this section ceases to be an authorised person, the person must immediately return the identity card to the Trust. Maximum penalty: $250. 5—Powers of authorised persons (1) If an authorised person reasonably suspects that a person, while on the Reserve, has committed or is committing an offence against the Act or these regulations, the authorised person may do any 1 or more of the following: (a) require the person to state the person's full name and usual place of residence; (b) if the authorised person suspects on reasonable grounds that a name or place of residence stated by a person is false—require the person to produce evidence of the person's name or usual place of residence; (c) require the person to leave the Reserve or a part of the Reserve immediately and not to return for a stated period (not exceeding 24 hours) or not to enter the Reserve or part of the Reserve; (d) if the person refuses or fails to comply with a requirement under paragraph (c)—use such force as is reasonably necessary for the purpose of removing or excluding the person from the Reserve or part of the Reserve; (e) cause the person to be detained and handed over into the custody of a police officer as soon as reasonably practicable. (2) An authorised person may also— (a) require a person to surrender any object, substance or thing that the authorised person reasonably suspects has been, or is being, used on the Reserve in contravention of the Act or these regulations; and (b) give such directions to persons on the Reserve that the authorised person considers necessary for— (i) the maintenance of good order, the prevention of interference with events or other activities, or the safe and efficient regulation of vehicular or pedestrian traffic, on the Reserve; or (ii) the protection of property under the care or control of the Trust; and (c) use such force as may reasonably be required for the purpose of removing or excluding from the Reserve or part of the Reserve a person who refuses or fails to comply with a requirement or direction under this section. (3) An authorised person may, in exercising powers under these regulations, be accompanied by such assistants as are reasonably required in the circumstances. 6—Surrendered or confiscated property (1) The Trust should endeavour to return to a person, when leaving the Reserve, anything that was surrendered by or confiscated from the person under these regulations. (2) However, the Trust may retain, for such period as is necessary for the purposes of legal proceedings, anything that the Trust reasonably believes may constitute evidence of the commission of an offence. 7—Property left unattended (1) An authorised person may seize and impound a vehicle or other property left unattended for more than 24 hours in the Reserve without the permission of the Trust. (2) An authorised person may move or seize and impound a vehicle or other property left, without the permission of the Trust, in the Reserve in a position that obstructs access to or use of the Reserve or a place in the Reserve. (3) If the Trust has taken action under subregulation (1) or (2) in respect of a vehicle or other property, the Trust may recover any costs required to be paid by the Trust associated with that action from the owner of the property. (4) If— (a) the owner of property seized or impounded under this regulation has been notified in writing of that action but has failed to pay the amount of any costs required to be paid by the Trust associated with that action, or has not collected the property, within 3 months of the notice being given; or (b) the identity or whereabouts of the owner of property seized or impounded under this regulation has not, after reasonable enquiries, been ascertained within 3 months of the property being left unattended, the Trust may sell or otherwise dispose of the property. (5) The proceeds of the sale of any property seized under this Part will be dealt with as follows: (a) the Trust may retain from those proceeds— (i) the reasonable costs of the sale; and (ii) the reasonable costs of seizing, impounding and keeping the seized property prior to sale; and (b) the balance (if any) will be paid— (i) if the identity and whereabouts of the owner is known—to the owner; or (ii) in any other case—to the Treasurer. 8—Hindering etc authorised persons (1) A person who— (a) without reasonable excuse hinders or obstructs an authorised person; or (b) fails to answer a question put by an authorised person to the best of the person's knowledge, information or belief; or (c) produces a document that the person knows, or ought to know, is false or misleading in a material particular; or (d) fails without reasonable excuse to comply with a requirement or direction of an authorised person; or (e) uses abusive, threatening or insulting language to an authorised person or a person assisting an authorised person; or (f) falsely represents, by words or conduct, that he or she is an authorised person, is guilty of an offence. Maximum penalty: $1 250. (2) A person is not obliged to answer a question or to produce a document as required under these regulations if to do so might tend to incriminate the person or make the person liable to a penalty.