Prohibited Areas (Application of State Laws) Act 1952 (SA)

South Australia

Prohibited Areas (Application of State Laws) Act 1952

An Act relating to the operation of certain State laws in areas to which the entry of persons is restricted under laws of the Commonwealth or of the State, and for other purposes.

Contents

1Short title

2Interpretation

3Meaning of the public and other expressions

4Application of certain Acts to prohibited areas

Legislative history

The Parliament of South Australia enacts as follows:

1—Short title

This Act may be cited as the Prohibited Areas (Application of State Laws) Act 1952.

2—Interpretation

In this Act—

prohibited area means an area within the State which has been declared to be a prohibited area pursuant to—

(a)the Supply and Development Act 1939 of the Commonwealth, or any regulations thereunder;

(b)the Defence (Special Undertakings Act) 1952 of the Commonwealth;

(c)the Uranium Mining Act 1949 of the State.

3—Meaning of the public and other expressions

Notwithstanding that the entry of the public into a prohibited area is restricted, in order to remove doubts it is hereby declared that for the purpose of the application of any enactment or regulation of the State or of any rule of the common law to any person, act, place, matter or thing in a prohibited area—

(a)the persons within that area shall be deemed to be the public, and the expression the public or members of the public, or any other expression to the like effect shall be construed accordingly;

(b)any act, place, matter or thing within that area which is of such a nature that it would have been public if the area had not been a prohibited area shall be deemed to be public, and the adjective public shall be construed accordingly.

4—Application of certain Acts to prohibited areas

Without limiting the general operation of section 3 of this Act, it is hereby declared that—

(1)A road, street, terrace, thoroughfare, or other place which is within a prohibited area and—

(a)is commonly used by such members of the public as are within such area; or

(b)is a road, street, terrace, thoroughfare or place to which such members of the public are permitted to have access,

shall be a road within the meaning of the definition of road in the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

(2)The following places shall be deemed to be public places within the meaning of the definition of public place in the Police Offences Act 1953, namely:

(a)every place within a prohibited area to which with the express or tacit consent of the owner or occupier of that place free access is permitted to such members of the public as are within that prohibited area; and

(b)every place within a prohibited area to which such members of the public as are within that prohibited area are admitted on payment of money, the test of the admittance being the payment of money only; and

(c)every road, street, footway, court, alley, or thoroughfare in a prohibited area which such members of the public as are within that prohibited area are allowed to use notwithstanding that such road, street, footway, court, alley or thoroughfare is formed on private property.

(3)The following places shall be public places within the meaning of the definition of public place contained in section 4 of the Lottery and Gaming Act 1936:

(a)every place in a prohibited area to which such members of the public as are within that prohibited area are permitted to have access, tacitly or otherwise, and whether upon payment of money or not; and

(b)any place in a prohibited area commonly used, whether as trespassers or otherwise, by such members of the public as are within that prohibited area.

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or Act and amendments

New entries appear in bold.

Year	No	Title	Assent	Commencement
1952	35	Prohibited Areas (Application of State Laws) Act 1952	27.11.1952	27.11.1952
1973	20	Prohibited Areas (Application of State Laws) Act Amendment Act 1973	13.9.1973	13.9.1973