Carrick Hill Trust Variation Regulations 2011 (SA)

South Australia

Carrick Hill Trust Variation Regulations 2011

under the Carrick Hill Trust Act 1985

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Carrick Hill Trust Regulations 1999

4            Variation of regulation 4—Interpretation

5            Insertion of regulation 4A

4A          Acting with approval of Trust or authorised officer

6            Variation of regulation 5—Entry to Carrick Hill

7           Variation of regulation 6—Behaviour at Carrick Hill

8            Substitution of regulation 7

7           Motor vehicles, how driven etc

9            Revocation of Part 3

10          Insertion of regulation 20

20          Removal of animals

11          Variation of regulation 21—Confiscated or surrendered property

12          Revocation of regulation 22

Part 1—Preliminary

1—Short title

These regulations may be cited as the Carrick Hill Trust Variation Regulations 2011.

2—Commencement

These regulations will come into operation on the day on which Part 5 of the Statutes Amendment (Arts Agencies Governance and Other Matters) Act 2010 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Carrick Hill Trust Regulations 1999

4—Variation of regulation 4—Interpretation

Regulation 4, definitions of authorised person and Carrick Hill—delete the definitions

5—Insertion of regulation 4A

After regulation 4 insert:

4A—Acting with approval of Trust or authorised officer

(1)These regulations do not prevent a person from doing anything with the approval of the Trust or an authorised officer or otherwise with lawful authority.

(2)An approval given by the Trust or an authorised officer for the purposes of these regulations—

(a)must be in writing or, if given orally, must be confirmed in writing as soon as practicable; and

(b)may relate to a particular person or matter or persons or matters of a class specified by the Trust or authorised officer; and

(c)may be subject to conditions (including a condition requiring payment of a fee) specified by the Trust or authorised officer; and

(d)may be varied or revoked by the Trust or authorised officer at any time.

(3)If the Trust or an authorised officer gives approval subject to a condition, the person to whom the approval is given must not contravene or fail to comply with the condition.

Maximum penalty: $200.

6—Variation of regulation 5—Entry to Carrick Hill

Regulation 5—delete ", without the authority of the Trust"

7—Variation of regulation 6—Behaviour at Carrick Hill

1. Regulation 6(2)—delete ", without the authority of the Trust"

2. Regulation 6(3)—delete "without the authority of the Trust,"

8—Substitution of regulation 7

Regulation 7—delete the regulation and substitute:

7—Motor vehicles, how driven etc

A person who drives or rides a motor vehicle at Carrick Hill must not—

(a)fail to comply with any speed, parking or other traffic restriction or direction indicated (with the authority of the Trust) by signs or lines or a combination of signs and lines; or

(b)drive or ride in areas that are not intended for public vehicular access; or

(c)drive or ride in such a manner as to cause undue noise to be emitted from the vehicle; or

(d)drive or ride in a dangerous or careless manner or without reasonable consideration for others.

Penalty: $500.

Expiation fee: $50.

9—Revocation of Part 3

Part 3—delete the Part

10—Insertion of regulation 20

Before regulation 21 insert:

20—Removal of animals

An authorised officer may remove any animal from Carrick Hill or a part of Carrick Hill if the owner or person in charge of the animal cannot be located in the vicinity after reasonable attempts to do so.

11—Variation of regulation 21—Confiscated or surrendered property

Regulation 21(1)—delete "pursuant to these regulations" and substitute:

at the request of an authorised officer

12—Revocation of regulation 22

Regulation 22—delete the regulation

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor's Deputy

with the advice and consent of the Executive Council

on 12 May 2011

No 37 of 2011

ASACAB009/10