South Australian Consolidated Acts South Australian Consolidated Acts20—Rules of construction to be applied in determining whether an Act
binds the Crown
(1) Subject to
subsection (2)
, an Act passed after 20 June 1990 will, unless the contrary intention appears
(either expressly or by implication), be taken to bind the Crown, but not so
as to impose any criminal liability on the Crown.
(2) Where an Act
passed after 20 June 1990 amends an Act passed before that date, the question
whether the amendment binds the Crown will be determined in accordance with
principles applicable to the interpretation of Acts passed before 20 June
1990.
(3) Where an Act or a
provision of an Act (whether passed before or after 20 June 1990) binds
the Crown but not so as to impose any criminal liability on the Crown,
the Crown's immunity from criminal liability extends (unless the contrary
intention is expressed) to an agent of the Crown in respect of an act within
the scope of the agent's obligations.
(4) Where an Act or a
provision of an Act (whether passed before or after 20 June 1990) does not
bind the Crown, the Crown's immunity extends (unless the contrary intention is
expressed) to an agent of the Crown in respect of an act within the scope of
the agent's obligations.
(5) For the purposes
of this section—
(a) a
reference to the Crown extends not only to the Crown in right of this State
but also (so far as the legislative power of the State permits) to the Crown
in any other capacity;
(b) a
reference to an agent of the Crown extends to an instrumentality, officer or
employee of the Crown or a contractor or other person who carries out
functions on behalf of the Crown;
(c) an
agent acts within the scope of the agent's obligations if the act is
reasonably required for carrying out of obligations or functions imposed on,
or assigned to, the agent.