South Australian Consolidated Acts

ESSENTIAL SERVICES ACT 1981 - SECT 4

4—Directions in relation to proclaimed essential services

        (1)         If, during a period of emergency, it is, in the opinion of the Minister, in the public interest to do so, the Minister may give directions in relation to the provision or use of proclaimed essential services.

        (2)         A direction under this section—

            (a)         may relate to proclaimed essential services generally, or to a particular proclaimed essential service;

            (b)         may be given to a specified person, or class of persons, or members of the public generally;

            (c)         may be expressed to be of general application or limited according to time, place or circumstances;

            (d)         may impose a restriction or prohibition (which may be absolute or conditional);

            (e)         may deal with matters incidental or ancillary to the provision or use of proclaimed essential services.

        (3)         No direction may be given under this section unless it relates to the provision or use of proclaimed essential services.

        (4)         A direction under this section may be given to a person—

            (a)         by personally serving a copy of the direction, or a document setting out the terms of the direction, on the person; or

            (b)         by posting a copy of the direction, or a document setting out the terms of the direction, to the person; or

            (c)         by transmitting by facsimile transmission a copy of the direction, or a document setting out the terms of the direction, to a facsimile number or the facsimile numbers provided by the person (in which case the notice or document will be taken to have been given to the person at the time of transmission); or

            (d)         by publishing the terms of the direction in a newspaper—

                  (i)         that is distributed throughout the State, if the direction is of general application according to place;

                  (ii)         that is distributed in a particular place, if the application of the direction is limited to that place; or

            (e)         by publishing the terms of the direction in a manner determined by the Minister.

        (5)         A person who intentionally or recklessly contravenes a direction given to the person under this section is guilty of an offence.

Maximum penalty:

If the offence is committed by a body corporate—$120 000.

If the offence is committed by a natural person—$20 000.

        (5a)         A person who contravenes a direction given to the person under this section is guilty of an offence.

Maximum penalty:

If the offence is committed by a body corporate—$20 000.

If the offence is committed by a natural person—$5 000.

        (5b)         If in proceedings for an offence against subsection (5) the court is not satisfied that the defendant is guilty of the offence charged but is satisfied that the defendant is guilty of an offence against subsection (5a), the court may find the defendant guilty of the latter offence.

        (6)         A direction under this section—

            (a)         does not operate after the expiration of the period of emergency in relation to which it was made; and

            (b)         may be revoked by the Minister at any time.

        (7)         Where—

            (a)         a direction is given under this section to a particular person, or class of persons; and

            (b)         that person, or a person of that class, incurs expenses in complying with the direction,

he or she may recover the amount of those expenses from the Minister as a debt.

        (8)         A person to whom a direction is given under this section incurs no civil or criminal liability for an act or omission of the person in compliance with the direction.