Sewerage Variation Regulations 2003 (SA)

South Australia

Sewerage Variation Regulations 2003

under the Sewerage Act 1929

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Sewerage Regulations 1996

1. Insertion of regulation 43

   43Authorised person may make enquiries

Part 1—Preliminary

1—Short title

These regulations may be cited as the Sewerage Variation Regulations 2003.

2—Commencement

These regulations come into operation on 26 October 2003.

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 Sewerage Regulations 1996

4—Insertion of regulation 43

After regulation 42 insert:

43—Authorised person may make enquiries

(1)A person authorised in writing by the Corporation may—

(a)require a person who the authorised person reasonably suspects has committed, is committing or is about to commit a contravention of the Act or these regulations, to state the person's full name and current or usual place of residence and to produce evidence of the person's identity;

(b)require a person who the authorised person reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of the Act or these regulations to answer questions in relation to those matters.

(2)A person must not, without reasonable excuse, fail to comply with a request made by, or fail to answer to the best of the person's knowledge, information and belief a question put by, an authorised person pursuant to this regulation.

(3)A person is not obliged to answer a question under this regulation if to do so would tend to incriminate the person or make the person liable to a penalty.

(4)An authorised person must not make a request or ask a question under this regulation unless he or she—

(a)has written identification issued by the Corporation stating that he or she is authorised to make such a request or ask such a question; and

(b)presents (or makes a genuine attempt to present) the identification for inspection when making the request or asking the question.

(5)A person must not falsely represent, by word or conduct, that he or she is an authorised person for the purposes of this 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

with the advice and consent of the Executive Council

on 16 October 2003

No 206 of 2003

SAW03/010CS