Summary Offences (Safe Access Zones for Places of Worship) Amendment Bill 2025 (SA)
South Australian Legislation
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South Australia
Summary Offences (Safe Access Zones for Places of Worship) Amendment Bill 2025
A Bill For
An Act to amend the Summary Offences Act 1953.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
Part 2—Amendment of Summary Offences Act 1953
3 Insertion of Part 3AA
Part 3AA—Safe access zones for places of worship
21AA Interpretation
21AB Prohibition on prohibited behaviour in safe access zones
21AC Police officer may direct person to leave safe access zone
21AD Exemptions
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Summary Offences (Safe Access Zones for Places of Worship) Amendment Act 2025.
2—Commencement
This Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown.
Part 2—Amendment of Summary Offences Act 1953
3—Insertion of Part 3AA
After Part 3 insert:
Part 3AA—Safe access zones for places of worship
21AA—Interpretation
In this Part—
place of worship means a building or facility the primary purpose of which is to be a place for an organised group of people to gather to worship or undertake other religious activities;
prohibited behaviour means—
(a) to threaten, intimidate or harass another person; or
(b) to obstruct another person approaching, entering or leaving protected premises;
public area means an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise);
safe access zone, in relation to a place of worship, means—
(a) the place of worship; and
(b) any public area located within 150 metres of the place of worship.
21AB—Prohibition on prohibited behaviour in safe access zones
(1) A person who engages in prohibited behaviour in a safe access zone is guilty of an offence.
Maximum penalty: $10 000.
(2) For the purposes of this section, a person will be taken to be in a safe access zone if any part of the person is within the safe access zone.
21AC—Police officer may direct person to leave safe access zone
(1) A police officer may, if the police officer reasonably suspects that a person has engaged, or is about to engage, in prohibited behaviour in a safe access zone, direct the person to immediately leave the safe access zone.
(2) A police officer may, if the police officer reasonably suspects that a person or persons are engaging, or are about to engage, in prohibited behaviour in a safe access zone, direct any or all persons within the safe access zone to immediately leave the safe access zone (whether or not the person or persons to whom the direction is given are engaging, or are about to engage, in prohibited behaviour).
(3) However, a direction under subsection (2) will be taken not to apply to—
(a) a person employed, or otherwise providing services, at the place of worship to which the safe access zone relates; or
(b) any other person of a kind declared by regulations to be included in the ambit of this subsection.
(4) A person who refuses or fails to comply with a direction under this section is guilty of an offence.
Maximum penalty: $ 10 000.
(5) A person who, having been directed to leave a safe access zone under this section, without reasonable excuse, re‑enters the safe access zone within 24 hours after the direction is guilty of an offence.
Maximum penalty: $10 000.
21AD—Exemptions
(1) The Minister may, by notice in writing made on application by a person, exempt the person, or a group of persons, from a specified provision or provisions of this Part.
(2) An application under subsection (1) must be—
(a) made in a manner and form determined by the Minister; and
(b) accompanied by the fee prescribed by regulation.
(3) An exemption—
(a) may be conditional or unconditional; and
(b) may be varied or revoked by the Minister by further notice in writing.